MINUTES OF
Board of Regents
of
Stephen F. Austin State University
VOLUME NO. 14
JULY 29, 1972
MINUTES OF THE MEETING OF THE BOARD OF REGENTS OF
STEPHEN F. AUSTIN STATE UNIVERSITY
HELD AT HOUSTON, TEXAS
July 29, 1972
VOLUME NO. 14
Page
72-88 Approval of Minutes 14-2
72-89 Faculty and Staff Appointments 14-2
72-90 Acceptance of Resignations 14-5
72-91 Approval of Changes in Status 14-7
72-92 Leaves of Absence 14-11
72-93 Retirement - Dr. John L. Sullivan 14-11
72-94 Approval of Promotions 14-13
72-95 Approval of Budget Adjustments 14-13
72-96 Amendment of Annual Operating Budget
(President's Salary) 14-13
72-97 Approval of Annual Operating Budget 14-13
72-98 Approval of Biennial Legislative Request 14-13
72-99 Approval of Change Orders - 14-14
Austin Bldg. Renovation Ph. IV
Stadium
Swimming Pool Filter System
Dorm 14 Air Cond. Controls
Library
72-100 Approval of Contract with Collegiate Recovery
and Credit Assistance Programs, Inc. 14-14
(Continued)
Page
72-101 Approval of Architectural firm, Golemon
§ Rolfe for Two Classroom Buildings 1447
72-102 Approval of Architectural firm, Wilson,
Morris, Crain § Anderson for Coliseum 14-39
72-103 Authorization for Purchase of Additional
Furniture for Austin Building 14-63
72-104 Selection of Thompson Insurance Company as
Insurance Agent for the University
August 18, 1972 through August 18, 1975 14-63
72-105 Approval of Final Drawings and Specifications
for Improvements to the Lake adjacent to
the Stadium 14-63
72-106 Approval of Dormitory 19 being Named in 14-63
Honor of William Fletcher Garner, Sr.
72-107 Approval of Campus Street being Named in
Honor of Paul Wilson 14-63
72-108 Approval of Appropriations to National Defense
Education Act Student Loan Fund 14-63
72-109 Approval of Fees for Extension Courses 14-63
72-110 Approval for Instructors of Off-Campus Courses
to be Compensated for Travel Expenses 14-63
72-111 Approval of Curriculum Changes 14-64
MTNIJTKS OF Till: MHi-'i'TNC OP THi'i BOARD OF RflGHNTS OF
STIiPMliN F.. AUSTIN STATIi liivfVHRSTTY
HELD AT HOUSTON, TEXAS
July 29, 1972
The meeting was called to order by R. E. McGee, Chairman of
the Board of Regents, at 10:00 a.m., July 29, 1972,
PRESENT:
Members
ABSENT:
PRESENT:
R. E. McGee of Houston
Joe Bob Golden of Jasper
Walter Todd of Dallas
Douglas Bergman of Dallas
Sam Tanner of Beaumont.
Roy Maness of Beaumont
Robert G\ Gray of Austin
James I. Perkins of Rusk
Mrs. Lera Thomas of Houston
None
€ „ G. Ha as, Sec re t ary
Dr. R, W. Steers President of the University
72-88
Upon motion of Regent Gray, seconded by Regent; Tanner, with all
Regents voting aye, it was ordered that the minutes of the meetings
of April IS, 1972, and June 2 6, 1972, be approved.
72-89
Upon motion of Regent Todd, seconded by Regent Perkins, with eight
members voting aye and Regent Bergman abstaining, it was ordered
that the following individuals be employed for the positions, dates
and salaries indicated:
1. Department of Art
Mrs. Susan Je Bryan, 28, M.F.A. (Stephen F. Austin State
University), Teaching Interne in Art, at a salary rate of
$7,000 for nine months, effective Fall Semester, 1972. This
is a temporary non-renewable nine-months contract.
2. Department of Biology
Mr. Avin Scott Brownlee, 29, N.C.S. (University of Mississippi),
Instructor of Biology at a salary rate of $10,000 for nine
months, effective Fall Semester, 1972. This is a temporary
non-renewable nine-months contract,
3, Department of Communication
Mr. Robert T. Ramsey, 30, M.A. (Stephen F. Austin State
University), Assistant Professor of Communication at a
salary rate of $10,500 for nine months, effective Fall
Semester, 1972.
4. Department of Computer Science
Mr. Jerald Lester Ripiey, 32, M.A. (Oklahoma University),
Assistant Professor of Computer Science at a salary rate of
$10,500 for nine months, effective Fall Semester, 1972.
5, Department of Economics
Dr. £., Wayne Murdock, 40, P)-.!). (University of Oklahoma),
Assistant Professor of Economics at a salary rate of $12,500
for nine months, effective Pa3 1 Semester, 1972.
6, Department of Elementary Education
Miss Claudia Beth Pinkard, 23, M.S. (Florida State University),
Instructor of Elementary Education at a salary rate of $7,800
for nine months, effective Fall Semester, 1972.
14-2
Mrs. Rebecca Ann Sartin, 25, B.S. (North Texas State
University), Instructor of Elementary Education at a salary
rate of $8,300 for nine months, effective Fall Semester, 1972.
Mis5 Jean Marie McMahon> 22, &,$, (Texas Christian University),
Associate Teacher3 University Kindergarten, at a salary rate
of $3,600 for nine months, effective Fall Semester, 1972.
This is a temporary non-renewable nine-months contract.
7. Oepc. .ment of English and Philosophy
Mrs. Carolyn Stokes Foster, 41, M.A. (University of Iowa),
Instructor of English at. a salary rate of $4,000 for the
Fall Semester, 1972, only.
Mr, Jerry Marvin Self, 34, Th.D. (Southwestern Baptist
Theological Seminary), Lecturer (Part-time) in Philosophy
at a salary rate of $400 for the Fall Semester, 1972, only.
Miss Naciye Yildiz Guleryuzlu, 28, B.A. (University of South
Dakota), Graduate Interne in English at a salary rate of
$5,400 for nine months, effective Fall Semester, 1972. This
is a. temporary non-renewable nine-months contract.
8. School of Forestry
Mr. Billy J. Earley, 36, L.L.B. (University of Texas),
Lecturer (1/4 time) in Forestry, effective Fall Semester,
1972, only, at a salary rate of $1,150 for the semester,
Mr. Michael S, Fountain., 25, M.S.F. ('Stephen F6 Austin State
University), Instructor (Parr-time) in Forestry at a salary
rate of $5,600 for nine months, effective Fall Semester, 1972.
This is a temporary noa-renewabJ.e nine-months contract.
Mr. Robert Montague Whiting, .Jr.. ^ 34; M.S. (University of
Arizona), Instructor rp>r."i;-i. i;ue) in Forestry at a salary
rate of $5,600 for nine months, effective Fall Semester, 1972.
This is a temporary non-renewable nine-months contract,
9. Department of Health and Physical Education
Miss Dorothy Ellen Alien, 5S, M.Eci. (Sam Houston State
University), Assistant Professor of Women's Health and
Physical Education at: a salary rate of $12,000 for nine months,
effective Fall Semester, 1972.
Miss Suzanne Kay Schrader, 31, M.S. (Southern Illinois
University), Assistant Professor of Women's Health and Physical
Education at a salary rate of $8,500 for nine months, effective
Fall Semester, 1972.
14-3
10. Department of History
Dr. Douglas I-1. McMillan, 31, Ph.D. (University of New Mexico),
Assistant Professor of History at a salary rate of $11,600 for nine
months, effective Fall Semester, 1972,
11. Department of Mathematics
Mr. Ralph Charles DeBoard, 26, M.S. (Wright State University),
Instruct,, of Mathematics at a salary rate of $7,750 for nine
months, effective Fall Semester, 1972, This is a temporary
non-renewable nine-months contract.
Mr. Barry Lynn Olson, 23, M.S. (South Dakota School of Mines and
Technology), Instructor of Mathematics at a salary rate of $7,750
for nine months, effective Fall Semester, 1972. This is a temporary
non-renewable nine-months contract.
12. Department of Office Administration
Dr. Kenneth I. Durr, 56, Ed.D. (Indiana University), Associate
Professor of Office Administration at a salary rate of $13,500
for nine months, effective Fall Semester, 1972.
Mrs. Margaret Sue Squier, 47, M.B.E. (Stephen F. Austin State
University), Instructor of Office Administration at a salary rate
of $7,500 for nine months, effective Fall Semester, 1972. This
is a temporary non-renewable nine-months contract.
13. Department of Political Science
Dr. Pamela Reynolds Lee, 29, Ph.D, (University of Maryland),
Assistant Professor of Political Science at a salary rate of
$10,500 for nine months, effective Fall Semester, 1972.
14. Department of Psychology
Mr, John David Elkins, 25, M,A. (Stephen F, Austin State University),
Graduate Interne in Psychology at a salary rate of $7,200 for nine
months, effective Fall Semester, 1972. This is a temporary non-renewable
nine-months contract,
15. Department of School Services
Mrs. Ida Baty Anderson, 33, M.Ed. (Stephen Fa Austin State University),
Instructor in School Services at a salary rate of $9,000 for nine
months, effective Fall Semester, 1972.
Mr. Frederick J. Hicks, 51, M.S.W. (Our Lady of the Lake), Assistant
Professor of School Services, at a salary rate of $10,125 for nine
months, effective August 1, 1972.
14-4
16. Department of Sociology
Miss Roberta Lee McGonagle, 31, M. A. (University of California-
Davis), Instructor of Sociology at a salary rate of $9,500 for nine
months, effective Fall Semester, 1972,
Dr. Frank R. Prassel, 35, Ph.D. (University of Texas-Austin),
Associate Professor of Sociology at a salary rate of $13,600 for
nine months, effective Fall Semester9 1972.
17. University Farm
Mr. Jimmy L. Upchurch, 26, B.S. (Stephen F. Austin State University),
Manager-Operator at a salary rate of $5,250 for twelve months,
effective April 10, 1972.
18. Student Life Division
Mr. James C. Calahan, 43, M. Ed. (Stephen F. Austin State University),
Associate Dean for University Regulations, at a salary rate of
$13,500 for twelve months, effective September 1, 1972.
Mr. Paul White Harris, 29, Ed.D. (East Texas State University),
Dean of Student Development, at a salary rate of $15,00 for twelve
months, effective August 1, 1972,
Mr. William A. Hill, 23, Patrolman, Traffic and Security, at a
salary rate of $6,000 for twelve months, effective May 1, 1972.
Mr. James C. McGaughey, 25, B.S.E. (Stephen F. Austin State
University), Patrolman, Traffic and Security, at a salary rate
of $6,000 for twelve months, effective June 5, 1972.
19. University Computer Center
Mr. Ben Patton Covin, 22, B.S. (Stephen F. Austin State University),
Programmer, Computer Center, at a salary rate of $7,500 for twelve
months, effective June 1, 1972,
72-90
Upon motion of Regent Perkins, seconded by Regent Tanner, with all
Regents voting aye, it was ordered that the following resignations be
accepted:
1. Department of Biology
Mrs. Annette S. Dawson, Instructor (Part-time) of Biology,
effective May 31, 1972, Mrs. Dawson was a temporary employee
and has completed her contract.
14-5
6
£ - Department of Computer Science
Mrs, Camille Cook Price, Instructor of Computer Science, effective
May 31, 1972.. Mrs, Price was a temporary employee and has completed
her contact.
3. Department of Elementary Education
Mrs. Ann- Martha Sir/boa, Uidveisity Kindergarten Teacher,
effective May 17, 197'";. Hrrs .. r-crybos has moved from this area*
4. Department of English
Mrs. Kathryn Dobbs Morris, instructor of English, effective May
31, 1972. Mrs, Morris is leaving this area.
!>. School of Forestry
Mr. Earnest A, Golden, Lecturer (1/4 time) in Forestry, effective
September 1, 1972. The course taught by Mr. Golden will not be
offered in the 1972-73 academic year.
Mr. James W. Martin, Instructor (Part-time) of Forestry, effective
August 3.1, 1972.. Mr. Martin will be attending Texas A§M University
or the joint doc'coral program.
Dru Harry V,, Wiant, Jr., Professor of Forestry and Assistant Dean,
effective August 31v 1972, Or„ Wiant is leaving this area.
6.. Department of Health aistt Physical Education (Women)
Miss Kvftddie Mae Dannhau;-;, n*sl ruccor of Women's Health and Physical
;'.., -j. 'Tec e h^y 1:< , \i: / 2 .. Hi--, Ikumhaas has accepted other
M^.m; ;.;ha-o-.. iiuduiesv o;-.. I iiiu.',;c i:-r o'- Wom-^n r i1 Health and Physical
iiaucaxion.. effective r-iav1 15. 1.^/'/. Miivs Huddles ton plans to con-i
s. ,)J: t ::■; L LiO. ; L O W ii j. Cli i' ■. * <;: vl G C 't >'."• Y \\ \ -'i-Z }j -' ■'? £
Miss Carolyn Joyce Miller, Instructor of Women's Health and Physical
LiciucaLiovij effective Ma> 13^ 1972, Miss Miller was a temporary
employee and has completed her contract.
Miss Jane Shannon Osborne, Instructor of Women-s Health and Physical
Education^ effective May 13, 1972. Miss Osborne will enter Vanderbilt
School of Nursing.
7. Department of Health and Physical Education (Men)
14-6
Dr. Charles 0. Dotson. Associate Professor of Men's Health and
Physical Education, effective August 31, 1972. Dr. Dotson has
accepted other employment.
8. Department of History
Dr. Dewitt Samuel Chandler, Assistant Professor of History,
effecti^- May 31, 1972. Dr. Chandler has accepted other
employment.
9. Department of Psychology
Mr. Jerry Duane Williams, Graduate Interne in Psychology,
effective May 31, 1972. Mr. Williams was a temporary employee
and has completed his contract.
10. Library
Mrs. Sarah Jane Lee, Assistant Documents Librarian, effective
July 13, 1972. Mrs. Lee has accepted other employment.
Miss Gloria B. White, Periodicals Librarian, effective May 31,
1972. Miss White resigned for personal reasons.
11. University Farm
Mr. Asa Edward McClendon, Dairy Farm Manager, effective February
29, 1972. Mr. McClendon resigned for personal reasons.
12. Student Life Division
Mr. Grover Kenneth Birdsong, Patrolman, Traffic and Security,
effective April 22, 1972. Mr. Birdsong is accepting other
employment.
Mr. James A. Fletcher, Patrolman, Traffic and Security, effective
May 31, 1972. Mr. Fletcher is resigning due to illness.
Mr. Frank Earl Manion, Vending Route Man, University Center
Administration, effective May 4, 1972. Mr. Manion moved to
Indiana.
72-91
Upon motion of Regent Bergman, seconded by Regent Maness, with all
Regents voting aye, it was ordered that the following changes in
status be approved:
1. Department of Agriculture
Dr. Thurman T. Thomas, Assistant Professor of Agriculture,
employed on research project (50%) from June 1 to August 31, 1972.
14-7
2. Department of Biology
Dr. Charles D. Fisher, Assistant Professor of Biology, to
Trinity River Grant for first summer session.
Dr. William W, Gibson, Professor of Biology, appointed (50%)
first summer term to replace Dr. Burr who is ill.
Dr. Harrv s. McDonald, Professor of Biology, appointed (50%)
second summer term to replace Dr. Burr who is ill.
Dr. Elray S. Nixon, Associate Professor of Biology, appointed
(50%) Associate Professor of Biology and (50%) Trinity River
Project for the first summer term.
3. Department of Economics
Dr. Thomas K. Hunter, Associate Professor of Economics, from
100% teaching in second summer term to resignation to accept
faculty research grant.
Dr. E. Dwayne Key, Assistant Professor of Economics, appointed
(50%) second summer term to replace Dr. Hunter.
Dr. Milton D. Stewart, Jr., Assistant Professor of Economics,
appointed (50%) second summer term to replace Dr. Hunter.
4. Department of Elementary Education
Mrs. Patricia Ann Elkins, Instructor of Elementary Education,
appointed second summer term.
Mrs. Mary E. Penney, Assistant Professor (visiting) of Elementary
Education, appointed for first summer term to replace Dr. Beverly
Young who resigned from summer teaching for personal reasons.
Mrs. Rebecca Ann Sartin, Instructor, University Kindergarten,
appointed (50%) for second summer term.
5. Department of English
Dr. Leonard A. Cheever, Assistant Professor of English, from 100%
teaching in first and second summer terms to 100% teaching first
summer term only. Dr. Cheever has accepted a Fulbright Professor
ship in Argentina, beginning July 15, 1972.
Dr. Alfred S. Shivers, Professor of English, from 100% teaching
for first and second summer terms to 100% teaching first term and
50% teaching second term.
Mr. Robert Lane Verner, Assistant Professor of English, appointed
for 100% second summer term to replace Dr. Leonard A. Cheever.
14-8
6. School of Forestry
Dr. Jack E> Coster, Assistant Professor of Forestry, from 50%
Forestry teaching and 50% Forestry research to 50% Forestry
teaching, 25% Forestry research and 25% Trinity River Project-
Director, effective June 1, 1972.
Dr. James Robert Singer, Assistant Professor of Forestry, on leave
without pay from June 5 through July 15, 1972, in order to accept
FAO assignment in Yugoslavia.
Mr. George Kennedy Stephenson, Editor of Forestry Publications, from
one-fourth time to one-third time, effective Fall Semester, 1972.
Mr. Richard Larry Willett, Instructor of Forestry, appointed to Trinity
River Project, effective May 15, 1972.
7. Department of General Business
Mr. Thomas D. Rorie, Assistant Professor of General Business,
appointed for 100% second summer term.
8. Department of Geology
Mr. Martin J. Deuth, Instructor of Geology, appointed for 50%
first summer term to replace Dr. Hershel Jones who has been trans
ferred to the Trinity River Project.
Mr. Boyd V. Dreyer, Instructor of Geology, appointed as consultant
to Trinity River Project, effective June 14, 1972.
Dr. Volker W. Gobel, Assistant Professor of Geology, appointed
50% for first summer term to replace Dr. Jerry Vincent who resigned
his summer appointment for personal reasons.
Dr. Hershel L. Jones, Assistant Professor of Geology, from 50%
teaching first summer term to Investigator, Trinity River Project,
effective June 1, 1972.
9. University Administration
Mr. C. G. Haas from Comptroller to Vice President for Fiscal Affairs,
effective September 1, 1972. This is a change in title only.
Dr. Gordon Beasley from Dean of Student Life to Vice President for
Student Affairs, effective September 1, 1972. This is a change in
title only.
10. Department of History
Mr. William J. Brophy, Assistant Professor of History, appointed
50% for second summer term to replace Mr. Allen Richman who re
signed his summer appointment to complete Ph.D. requirements.
14-9
10
Dr. Elizabeth Deanne Malpass, Assistant Professor of History ,
appointed 50% for second summer term to replace Mr. Allen
Richman who resigned his summer appointment to complete Ph.D.
requirements.
11. Department of Home Economics
Miss Pamela Heaton Duncan, Nursery School Assistant, appointed
one-thir^- time for first summer term.
Miss Pam B. Lawder, Nursery School Assistant, appointed one-third
time for first summer term.
12. Department of Music
Dr. Daniel J. Beaty, Associate Professor of Music, from teaching
to Moody Foundation grant for first and second summer terms.
Dr. Billie R. Erlings, Associate Professor of Music, from 100%
teaching to 50% teaching first summer term.
Mr. Robert C. Mann, Assistant Professor of Music, to 50% teaching
first summer term.
Dr. William T. Young, Associate Professor of Music, to 100%
research grant for first and second summer terms.
13. Department of Psychology
Mr> Lester W. Barnett, Jr., Assistant Professor of Psychology, to
100% research grant for first and second summer terms.
14. Department of School Services
Mr. Robert 0. LaDuke, to 100% teaching for first and second summer
terms, salary to be paid from Blind Mobility Grant.
15. Library
Miss Sarah J. Lee, Assistant Acquisitions Librarian, to 100% for
first summer term.
Mrs. Mary Jo Linthicum, Forestry Librarian, to 100% for first
summer term.
Mr. Floyd R. Meyer, Acting Documents Librarian, to 100% for summer
term.
Mrs. Willie E. Tindall, from Assistant Reference Librarian to
Periodicals Librarian, effective May 1, 1972.
14-10
11
72-92
Upon motion of Regent Todd, seconded by Regent Gray, with all Regents
voting aye, it was ordered that the following leaves of absence be
granted:
1. Department of Art
Mr. Donald Ray Beason, Assistant Professor of Art, for the
academic vear 1972-73 in order to study in Italy on a Fulbright-
Hays Grant.
2. Department of English
Dr. Leonard A. Cheever, Associate Professor of English, for the
Fall Semester, 1972, in order to accept a Fulbright Professorship
in Argentina.
3. Department of Modern Languages
Dr. Waclaw Jarzebowski, Associate Professor of Modern Languages,
for the Fall Semester, 1972, to continue research on religious
philosophy of Lord Herbert.
4. Department of Sociology
Mrs. Constance L. Spreadbury, Instructor of Sociology, for the
academic year 1972-73, to complete requirements toward the Ph.D.
degree.
5. Library
Miss Mary A. Nooe, Associate Library Director for Technical Services,
from May 16 through November 16, 1972. Miss Nooe is recuperating
from a stroke.
72-93
Upon motion of Regent Perkins, seconded by Regent Tanner, with all
Regents voting aye, it was ordered that the following retirement be
accepted, and the following resolution be adopted:
1. Department of Agriculture
Dr. John Loraine Sullivan, Professor of Agriculture and Director
of Soils Laboratory, effective August 31, 1972.
14-11
12
RESOLUTION
WHEREAS, Dr. John L. Sullivan joined the faculty of Stephen F. Austin
State University in September, 1946, as professor of agriculture and head of
the department; and
WHEREAS, Dr. Sullivan has served the University since that date as
department head and as director of the Soils Testing Laboratory; and
WHEREAS, Dr. Sullivan is to retire on August 31, 1972; now, therefore,
be it
RESOLVED, that the Board of Regents of Stephen F. Austin State
University extend to Dr. Sullivan an expression of gratitude for his loyal
service to the University over a period of twenty-six years, and good wishes
for a long and pleasant period of retirement.
Adopted at Houston, Texas, this the twenty-ninth day of July, nineteen
hundred and seventy-two.
/s/ R. E. McGee
R. E. McGee
President, Board of Regents
Stephen F. Austin State University
14-12
72-94
Upon motion of Regent Bergman, seconded by Regent Tanner, with all
Regents voting aye, it was ordered that the following promotions be
approved:
1. Department of Sociology
Mrs. Joy Bennett Reeves from Instructor to Assistant Professor
of Sociology, effective September 1, 1972. Mrs. Reeves com
pleted i.e. requirements for promotion and was recommended by
the Dean and Department Head.
2. Student Life Division
Mr. Curtis Bradshaw from Assistant Director of Placement and
Financial Aid to Director of Financial Aid, effective August
1, 1972.
Mrs. Almita Musick from Guidance Counselor to Placement Director,
effective August 1, 1972.
Dr. Baker Pattillo from Director of Placement and Financial Aid
to Dean of Student Services, effective August 1, 1972.
72-95
Upon motion of Regent Gray, seconded by Regent Todd, with all Regents
voting aye, it was ordered that the following budget adjustments for
1971-72 be approved:
Add $3,000 for Acct. 5180, Campus Security (Vehicle)
Add $18,000 for Acct. 1075, General Furniture Fund (Austin Bldg.)
72-96
Upon motion of Regent Tanner, seconded by Regent Maness, it was
ordered that the 1972-73 annual operating budget be amended to
provide for the payment of $10,000 instead of $5,000 to the presi
dent's salary from private sources.
72-97
Upon motion of Regent Thomas, seconded by Regent Todd, with all
Regents voting aye, it was ordered that the 1972-73 annual operating
budget for $17,203,218 of revenue and $16,832,566 of expenditures, as
amended in Minute Item No. 72-96, be approved as submitted under
separate cover.
72-98
Upon motion of Regent Thomas, seconded by Regent Todd, with all
Regents voting aye, it was ordered that the 1973-75 Biennial Legis
lative Request for Appropriations by Stephen F. Austin State University
be approved as submitted under separate cover, requesting a net general
revenue appropriation of $11,464,760 for 1974 and $12,175,154 for 1975.
14-13
14
72-99
Upon motion of Regent Gray, seconded by Regent Maness, with all Regents
voting aye, it was ordered that the following change orders to contracts
be approved and that the Chairman of the Board be authorized to sign the
change orders, as follows:
C. 0. No. Project Amount Purpose
1 Austin Bldg. Renovations $ 2,247.00 Flooring Replacement
4 Stadium 27,000.00 Solid Grass Sodding
2 Sv:.nming Pool Filter System 350.60 New Valves
1 Dorm 14 Air Cond. Controls 860.00 New Additional Controls
2 Library 7,486.00 Utilities Changes
72-100
Upon motion of Regent Todd, seconded by Regent Tanner, with all Regents
voting aye, it was ordered that the contract with Collegiate Recovery
and Credit Assistance Programs, Inc., be approved and that the Chairman
of the Board be authorized to sign the contract, as follows:
THE STATE OF TEXAS I
COUNTY OF DALLAS I KNOW ALL MEN BY THESE PRESENTS:
THIS CONTRACT, made and effective as of the date entered on the
last page of this contract by and between COLLEGIATE RECOVERY § CREDIT
ASSISTANCE PROGRAMS, INC. (hereinafter called "COLLEGIATE RECOVERY") and
THE BOARD OF REGENTS OF STEPHEN F. AUSTIN STATE UNIVERSITY acting through
the COMPTROLLER of the UNIVERSITY.
WITNESSETH:
WHEREAS CLIENT has unpaid accounts which it desires to have
collected, and COLLEGIATE RECOVERY is qualified to collect such accounts
and desires to handle such accounts as may be referred to it by CLIENT
for collection:
IT IS MUTUALLY AGREED AS FOLLOWS:
I.
COLLEGIATE RECOVERY agrees to accept for collection, upon the terms,
conditions and provisions herein set forth, such unpaid accounts as
CLIENT refers for collection; and further agrees to undertake to collect
all accounts referred by CLIENT through proper and lawful means, without
threats, intimidation or harassment of debtor, or without violation of
any of the guidelines established by the Federal Trade Commission.
II.
COLLEGIATE RECOVERY will remit to the CLIENT, by the tenth working
day following the end of each month, all monies due CLIENT: such re
mittances to be accompanied by monthly statements of collections paid
to COLLEGIATE RECOVERY and of collections paid directly to the CLIENT.
14-14
15
III.
The collection fee shall be thirty-three and one-third percent
(33-1/3%) of the total amount collected for the university. In cases
where the fee is added to the account, the fee shall be 25% of the total
amount collected9 which fee shall be the sole consideration paid
COLLEGIATE RECOVERY. CLIENT shall not be liable for any costs or
expenses incurred by COLLEGIATE RECOVERY in the collection of accounts.
Further, COLLEGIATE RECOVERY will not be paid any fee unless and until
collection from the debtor is made.
IV.
COLLEGIATE RECOVERY shall not have any authority to file suit to
collect any account referred by CLIENT. After every effort has been
made by COLLEGIATE RECOVERY to collect an account, without success,
COLLEGIATE RECOVERY may then recommend to CLIENT that suit for
collection be filed; but written authority to file suit must be received
from CLIENT prior to the filing of any suit on any account.
V.
COLLEGIATE RECOVERY has and agrees to keep in full force and
effect for the duration of this contract plus ninety (90) days there
after a blanket bond to protect CLIENT from any loss through failure
of COLLEGIATE RECOVERY or any of its employees to reimburse CLIENT
for its share of monies collected.
VI.
CLIENT agrees to have advised debtor in writing, before turning
the account over to COLLEGIATE RECOVERY for collection, regarding the
delinquency of the account and the consequences of failure to make
payment.
VII.
A. In the case of a debt being reduced by teacher cancellation,
no charge will be made for services rendered.
B. In the case of a debt being cancelled by death or permanent
disability, COLLEGIATE RECOVERY shall return the account to the CLIENT
when proof is available, at no charge.
VIII.
CLIENT shall not knowingly turn over to COLLEGIATE RECOVERY for
collection any account where debtor is serving in the Armed Forces,
the Peace Corps, or VISTA. Should this be done, COLLEGIATE RECOVERY
will return any such account to CLIENT without charge.
14-15
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IX.
COLLEGIATE RECOVERY agrees to implement thorough collection
procedures in its attempts to achieve maximum recovery on accounts
referred to it for collection, including all penalties or costs of
collection required to be borne by the debtor if provided for in
the promissory note and/or loan agreement evidencing debtor's obligation.
Such procedures shall include; a reasonable number of telephone calls;
no less than f^e (5) mail attempts; skip tracing whenever necessary;
reasonable attempts to ascertain debtor's assets for the satisfaction
of a judgment.
X.
This Contract may be canceled by either party upon sixty (60)
days notice in writing to the other party, to the address shown here-inbelow.
XI.
This Contract expresses fully the understanding between the parties
and all prior understandings are hereby canceled. No future changes
in the terms of this Contract shall be valid except when and if reduced
to writing and signed by both parties hereto or by legally authorized
officials.
XII.
Further Provisions:
(A) CLIENT has the option to recall any collection account for
any legitimate reason by written request to COLLEGIATE RECOVERY.
(B) Progress reports, as reasonably requested by CLIENT, will
be sent direct to CLIENT.
(C) Receipt of all monies collected by or paid directly to CLIENT
shall be acknowledged by CLIENT to COLLEGIATE RECOVERY within ten (10)
days of receipt thereof, for the purpose of fee billing.
(D) The latest known address of any collection account returned
because of cancellation or deferment shall be furnished to CLIENT.
XIII.
All terms and conditions of this Contract shall be governed by and
interpreted under the laws of the State of Texas .
Witness the signatures of the parties on this the 29 day of July,
A. D. 1972.
ATTEST: COLLEGIATE RECOVERY § CREDIT
ASSISTANCE PROGRAMS, INC.
By / s/ Arnold G. Tate
President 14-16
17
ACCEPTED AND AGREED TO:
ATTEST:
By /s/ C. G. Haas
Secretary
314 Carter Towers
351 W. Jefferson Blvd.
Dallas, Texas 75208
Telephone: (214) 948-3121
Stephen F. Austin State University
By /s/ R. E. McGee
Chairman of Board of Regents
APPROVED AS TO FORM:
By /s/ John Reeves
Assistant Attorney General
of Texas
72-101
Upon motion of Regent Tanner, seconded by Regent Todd, with all Regents
voting aye, it was ordered that Golemon § Rolfe, architectural firm, be
designated the architect for the design and supervision of construction
of two classroom buildings and that a contract be drawn and the Chairman
of the Board authorized to sign the contract as follows:
14-17
18
CONTRACT
STATE OF TEXAS
COUNTY OF NACOGDOCHES
This AGREEMENT made this 29th day of July in the year of
Nineteen Hundred and Seventy-two
BETWEEN
STEPHEN F. AUSTIN STATE UNIVERSITY,
Nacogdoches County, Texas, the Owner, and
GOLEMON & ROLFE, ARCHITECTS
5100 Travis Street
Houston, Texas, the Architect.
It is the intention of the Owner to construct two classroom
buildings on the Stephen F. Austin State University Campus, Nacogdoches,
Texas, the second classroom building to be a mirror image of the first in
basic layout and exterior appearance, differing from the first only in minor
variations in interior partition arrangement, hereinafter referred to as
the Project.
The Owner and the Architect agree as set forth below.
I. The Architect shall provide professional services for the Project in ■-
accordance with the Terms and Conditions of this Agreement.
1.
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II. The Owner shall compensate the Architect, in accordance with the
Terms and Conditions of this Agreement, as follows:
A. For the Architect's Basic Services as described in Paragraph
!• 1> a Professional Fee of fourty-five thousand dollars
($45, 000. ) plus the Architect's Cost computed as follows:
1. The time of the Architect's personnel computed at a
multiple of two and three^tenths (2. 3) times Direct Personnel
Expense as defined in Article 4, plus
2. The services of professional consultants at the amount
billed to the Architect by the consultants for such services,
plus
3. Other expenses of the Architect including
a. Transportation and living when traveling to and from
the Architects or Professional Consultants office and
the project site including the use of privately owned
automobiles at 15£ per mile.
b. Long distance telephone calls and telegrams.
c. Nonreimbursable printing and reproduction expense
and drafting and miscellaneous supplies.
The Architect's Cost shall not exceed One Hundred Fifty Seven
Thousand Five Hundred Dollars ($157, 500. ).
B. For the Architect's Additional Services as described in Article
1. 3 a sum computed as follows:
2.
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1. The time of the Architect's personnel computed at a
multiple of two and five-tenths (2. 5) times Direct
Personnel Expense as defined in Article 4, plus
2. The services of Professional Consultants at a multiple
of one and one-tenth (1.1) times the amount billed to
the Architect by the consultants for such services.
C. I£ the scope of the Project is changed materially, the
Professional Fee and the maximum for Architect's Cost as
set forth in Paragraph IIA shall be adjusted by mutual
consent.
The rates and multiples set forth in Paragraph IIB will be
subject to renegotiation if the services covered by this
Agreement have not been completed within thirty (30)
months of the date hereof.
D. For the Architect's Reimbursable Expenses, amounts
expended as defined in Article 5.
E. The times and further conditions of payment shall be as
described in Article 6.
3.
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ARTICLE 1
ARCHITECT'S SERVICES
1. 1 BASIC SERVICES
The Architects Basic Services consist of the five phases
described below and include normal structural, mechanical
and electrical engineering services.
SCHEMATIC DESIGN PHASE
1. 1. 1 The Architect shall consult with the Owner to ascertain the
requirements of the Project and shall confirm such requirements to the
Owner.
1. 1.2 The Architect shall prepare Schematic Design Studies consisting
of drawings and other documents illustrating the scale and relationship
of Project components for approval by the Owner.
1.1.3 The Architect shall submit to the Owner a Statement of Probable
Construction Cost based on current area, volume or other unit costs.
DESIGN DEVELOPMENT PHASE
1. 1.4 The Architect shall prepare from the approved Schematic Design
Studies, for approval by the Owner, the Design Development Documents
consisting of drawings and other documents to fix and describe the size
and character of the entire Project as to structural, mechanical and
electrical systems, materials and such other essentials as may be
appropriate.
1.1.5 The Architect shall submit to the Owner a further Statement of
Probable Construction Cost.
4.
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CONSTK.UCTION DOCUMENTS PHASE
1.1.6 The Architect shall prepare from the approved Design
Development Documents, for approval by the Owner, Working Drawings
and Specifications setting forth in detail the requirements for the '
construction of the entire Project including the necessary bidding
information, and shall assist in the preparation of bidding forms, the
Conditions of the Contract, and the form of Agreement between the Owner
and the Contractor.
1.1.7 The Architect shall advise the Owner of any adjustments to
previous Statements of Probable Construction Cost indicated by changes
in requirements or general market conditions.
1. 1. 8 The Architect shall assist the Owner in filing the required
documents for the approval of governmental authorities having
jurisdiction over the Project.
BIDDING OR NEGOTIATION PHASE
1. 1. 9 The Architect, following the Owner's approval of the
Construction Documents and of the latest Statement of Probable Con
struction Cost, shall assist the Owner in obtaining bids or negotiated
proposals, and in awarding and preparing construction contracts.
CONSTRUCTION PHASE-ADMINISTRATION
OF THE CONSTRUCTION CONTRACT
1. 1. 10 The Construction Phase will commence with the award of the
Construction Contract and will terminate when the final Certificate for
Payment is issued to the Owner.
5.
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1. 1. 11 The Architect shall provide Administration of the Construction
Contract as set forth in Articles 1 through 14 inclusive of the latest
edition of AIA Document A201, General Conditions of the Contract for
Construction, and the extent of his duties and responsibilities and the
limitations of his authority as assigned thereunder shall not be modified
without his written consent.
1. 1. 12 The Architect, as the representative of the Owner during the
Construction Phase, shall advise and consult with the Owner and all of
the Owner's instructions to the Contractor shall be issued through the
Architect. The Architect shall have authority to act on behalf of the
Owner to the extent provided in the General Conditions unless otherwise
modified in writing.
1. 1. 13 The Architect shall at all times have access to the Work wherever
it is in preparation or progress.
1. 1. 14 The Architect shall provide a full-time project representative
who will familiarize himself generally with the progress and quality of
the Work and to determine in general if the Work is proceeding in
accordance with the Contract Documents. On the basis of his on-site
observations as an architect, he shall endeavor to guard the Owner
against defects.and deficiencies in the Work of the Contractor. The
Architect shall not be required to make exhaustive or continuous on-site ^
inspections to check the quality or quantity of the Work. The Architect
shall not be responsible for construction means, methods, techniques,
sequences or procedures, or for safety precautions and programs in
6.
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connection with the Work, and he shall not be responsible for the
Contractor's failure to carry out the Work in accordance with the
Contract Documents.
1. 1. 15 Based on such observations at the site and on the Contractor's
Applications for Payment, the Architect shall determine the amount
owing to the Contractor and shall issue Certificates for Payment in such
amounts. The issuance of a Certificate for Payment shall constitute a
representation by the Architect to the Owner, based on the Architect's
observations at the site as provided in Subparagraph 1. 1. 14 and the data
comprising the Application for Payment, that the Work has progressed
to the point indicated; that to the best of the Architect's knowledge,
information and belief, the quality of the Work is in accordance with the
Contract Documents (subjectto an evaluation of the Work for conformance
with the Contract Documents upon Substantial Completion, to the results
of any subsequent tests required by the Contract Documents, to minor
deviations from the Contract Documents correctable prior to completion,
and to any specific qualifications stated in the Certificate for Payment);
and that the Contractor is entitled to payment in the amount certified. By
issuing a Certificate for Payment, the Architect shall not be deemed to
represent that he has made any examination to ascertain how and for what
purpose the Contractor has used the moneys paid on account of the Contract
Sum.
1. 1. 16 The Architect shall be, in the first instance, the interpreter of
the requirements of the Contract Documents and the impartial judge of the
7.
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performance thereunder by both the Owner and Contractor. The Architect
shall make decisions on all claims of the Owner or Contractor relating
to the execution and progress of the Work and on all other matters or
questions related thereto. The Architect's decisions in matters relating
to artistic effect shall be final if consistent with the intent of the Contract
Documents.
1. 1. 17 The Architect shall have authority to reject Work which does not
conform to the Contract Documents. Whenever, in his reasonable opinion,
he considers it necessary or advisable to insure the proper implementation
of the intent of the Contract Documents, he will have authority to require
special inspection or testing of any Work in accordance with the provisions
of the Contract Documents whether or not such Work be then fabricated,
installed or completed.
1. 1. 18 The Architect shall review and approve shop drawings, samples,
and other submissions of the Contractor only for conformance with the
design concept of the Project and for compliance with the information
given in the Contract Documents.
1. 1. 19 The Architect shall prepare Change Orders.
1. 1. 20 The Architect shall conduct inspections to determine the Dates
of Substantial Completion and final completion, shall receive and review
written guarantees and related documents assembled by the Contractor,
and shall issue a final Certificate for Payment.
8. 14-25
26
1. 1. 21 The* Architect shall not be responsible for the acts or omissions
of the Contractor, or any Subcontractors, or any of the Contractor's or
Subcontractors' agents or employees, or any other persons performing
any oi' the Work.
1.2 Omitted
1. 3 ADDITIONAL SERVICES
If any of the following Additional Services are authorized by the
Owner, they shall be paid for by the Owner as hereinbefore
provided.
1.3.1 Providing special analyses of the Owner's needs, and programming
the requirements of the Project.
1. 3. 2 Providing financial feasibility or other special studies.
1. 3. 3 Providing planning surveys, site evaluations, or comparative
studies of prospective sites.
1.3.4 Providing design services relative to future facilities, systems
and equipment which are not intended to be constructed as part of the
Project.
1. 3.5 Providing services to investigate existing conditions or facilities
or to make measured drawings thereof, or to verify the accuracy of
drawings or other information furnished by the Owner.
1. 3. 6 Preparing documents for alternate bids or out-of-sequence
services requested by the Owner.
1. 3. 7 Providing Detailed Estimates of Construction Cost or detailed
quantity surveys or inventories of material, equipment and labor.
9.
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1« 3.8 Providing interior design and other services required for or in
connection with the selection of furniture and furnishings.
1. 3. 9 Providing services for planning tenant or rental spaces.
1.3.10 Making major revisions in Drawings, Specifications or other
documents when such revisions are inconsistent with written approvals
or instructions previously given and are due to causes beyond the control
of the Architect.
1.3, 11 Making investigations involving detailed appraisals and
valuations of existing facilities, and surveys or inventories required in
connection with construction performed by the Owner.
1. 3. 12 Providing consultation concerning replacement of any Work
cUimaged by fire or other cause during construction, and furnishing
professional services of the type set forth in Paragraph 1. 1 as may be
required in connection with the replacement of such Work.
1. 3. 13 Providing professional services made necessary by the default
of the Contractor or by major defects in the Work of the Contractor in
the performance of the Construction Contract.
1. 3. 14 Preparing a set of reproducible record prints of drawings
showing significant changes in the Work made during the construction
process, based on marked-up prints, drawings and other data furnished
by the Contractor to the Architect.
1. 3. 15 Providing extensive assistance in the utilization of any equipment
or system such as initial start-up or testing, adjusting and balancing,
preparation of operating and maintenance manuals, training personnel for
operation and maintenance, and consultation during operation.
10.
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1.3. 16 Hrovidmg Contract Admin 1st rat ion and observation of
construct'!.on after the Construction Contract Time has been exceeded
or extended by more than 30 days through no fault of the Architect.
1. 3. 17 Providing services after issuance to the Owner of the final
Certificate for Payment.
1.3. 18 Preparing to serve or serving as an expert witness in connection
with any public hearing, arbitration proceeding or legal proceeding.
1.3.19 Providing services of professional consultants for other than the
normal structural, mechanical and electrical engineering services for
the Project.
1. 3. 20 Providing any other services not otherwise included in this
Agreement or not customarily furnished in accordance with generally
accepted architectural practice.
1. 3. 21 Providing drawings and/or other documents for foundation
redesign due to unforeseen conditions or for major changes in partition
layout or space usage.
1. 3. 22 Providing a full-time project representative for a period longer
than 18 months from the start of construction. Such additional costs
shall be borne one-half by the Architect and one-half by the Owner.
1.3.23 Preparing drawings and/or other documents as may be required
by governmental authorities, private utility companies, or other outside
parties, which are in addition to the normal contract documents required
to obtain a bona fide Contractor's bid for the construction of this Project.
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1. 3*24 Providing consultation in the determination of liquidated damages
due from the Contractor in the event that the conditions warrant such
action.
ARTICLE 2
THE OWNER'S RESPONSIBILITIES
2. 1 The Owner shall provide full information regarding his require
ments for the Project.
2.2 The Owner shall designate, when necessary, a representative
authorized to act in his behalf with respect to the Project, The Owner
or his representative shall examine documents submitted by the
Architect and shall render decisions pertaining thereto promptly, to
avoid unreasonable delay in the progress of the Architect's work.
2. 3 The Owner shall furnish a certified land survey of the site giving,
as applicable, grades and lines of streets, alleys, pavements and
adjoining property; rights-of-way, restrictions, easements, encroachments,
zoning, deed restrictions, boundaries and contours of the site; locations,
dimensions and complete data pertaining to existing buildings, other
improvements and trees; and full information concerning available service
and utility lines both public and private, above and below grade, including
inverts and depths,
2.4 The Owner shall furnish the services of a soils engineer or other
consultant when such services are deemed necessary by the Architect,
including reports, test borings, test pits, soil bearing values, percolation
tests, air and water pollution tests, ground corrosion and resistivity tests
12. 1429
30
and other necessary operations for determining subsoil, air and water
conditions, with appropriate professional interpretations thereof.
2. r> The Owner shall furnish structural, mechanical, chemical and
other laboratory tests, inspections and reports as required by law or
the Contract Documents.
2. 6 The Owner shall furnish such legal, accounting, and insurance
counselling services as may be necessary for the Project, and such
auditing services as he may require to ascertain how or for what
purposes the Contractor has used the moneys paid to him under the
Construction Contract.
2. 7 The services, information, surveys and reports required by
Paragraphs 2. 3 through 2. 6 inclusive shall be furnished at the Owner1 s
expense, and the Architect shall be entitled to rely upon the accuracy
and completeness thereof.
2.8 If the Owner observes or otherwise becomes aware of any fault
or defect in the Project or non-conformance with the Contract Documents,
he shall give prompt written notice thereof to the Architect.
2. 9 The Owner shall furnish information required of him as expeditiously
as necessary for the orderly progress of the Work.
ARTICLE 3
CONSTRUCTION COST
3. 1 The Construction Cost shall be the total cost or estimated cost to
the Owner of all Work designed or specified by the Architect, and shall
be determined as follows, with precedence in the order listed:
13- 14-30
31
.i. 1* 1 For completed construction, the total cost of all such Work.
3.1.2 For Work not constructed, (1) the lowest bona fide bid received
f rum a qualified bidder for any or all of such Work, or (2) if the Work is
not bid, the bona fide negotiated proposal submitted for any or all of such
Work; or
3. 1. 3 For Work for which no such bid or proposal is received, (1) the
latest Detailed Estimate of Construction Cost if one is available, or (2) the
latest Statement of Probable Construction Cost.
3. 2 Construction Cost does not include the compensation of the Architect
and consultants, the cost of the land, rights-of-way, or other costs which
are the responsibility of the Owner as provided in Paragraphs 2. 3 through
2. 6 inclusive.
3. 3 Labor furnished by the Owner for the Project shall be included in
the Construction Cost at current market rates including a reasonable
allowance for overhead and profit. Materials and equipment furnished by
the Owner shall be included at current market prices, except that used
materials and equipment shall be included as if purchased new for the
Project.
3.4 Statements of Probable Construction Cost and Detailed Cost
Estimates prepared by the'Architect represent his best judgment as a design
professional familiar with the construction industry. It is recognized,
however, that neither the Architect nor the Owner has any control over
the cost of labor, materials or equipment, over the contractors' methods
of determining bid prices, or over competitive bidding or market
14< 14-31
32
conditions. Accordingly, the Architect cannot and does not guarantee
that birls will not. vary from any Statement of Probable Construction Cost
or other cost estimate prepared by him.
3. 5 When a fixed limit of Construction Cost is established as a condition
of this Agreement, it shall include a bidding contingency of ten percent
unless another amount is agreed upon in writing. When such a fixed
limit is established, the Architect shall be permitted to determine what
materials, equipment, component systems and types of construction are
to be included in the Contract Documents, and to make reasonable
adjustments in the scope of the Project to bring it within the fixed limit.
The Architect may also include in the Contract Documents alternate bids
to adjust the Construction Cost to the fixed limit.
3.5.1 If the lowest bona fide bid or negotiated proposal, the Detailed
Cost Estimate or the Statement of Probable Construction Cost exceeds
such fixed limit of Construction Cost (including the bidding contingency)
established as a condition of this Agreement, the Owner shall (1) give
written approval of an increase in such fixed limit, (2) authorize rebidding
the Project within a reasonable time, or (3) cooperate in revising the
Project scope and quality as required to reduce the Probable Construction
Cost. In the case of (3) the Architect, without additional charge, shall
modify the Drawings and Specifications as necessary to bring the
Construction Cost within the fixed limit. The providing of such service
shall be the limit of the Architect's responsibility in this regard, and
having done so, the Architect shall be entitled to compensation in
accordance with this Agreement.
15. 14-32
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33
ARTICLE 4
DIRECT PERSONNEL EXPENSE
4. 1 Personnel engaged on the Project by the Architect includes
architects, engineers, designers, job captains, draftsmen, specificati
writers and typists, in consultation, research and design, in producing
Drawings, Specifications and other documents pertaining to the Project,
and in services during construction at the site.
4. 2 Direct Personnel Expense includes cost of salaries and of
mandatory and customary benefits such as statutory employee benefits,
insurance, sick leave, holidays and vacations, pensions and similar
benefits.
ARTICLE 5
REIMBURSABLE EXPENSES
5. 1 Reimbursable Expenses are in addition to the Compensation for
Basic and Additional Services and include actual expenditures made by
the Architect, his employees, or his professional consultants in the
interest of the Project for the expenses listed in the following Sub-paragraphs:
5. 1. 1 Expense of transportation and living when traveling in connection
with the Project except travel to and from the Architect's or Professional
Consultant's office and the project site; and fees paid for securing approval
of authorities having jurisdiction over the Project.
5. 1. 2 Expense of reproductions, postage and handling of Drawings and
Specifications excluding duplicate sets at the completion of each Phase for
the Owner's review and approval.
16- 14-33
34
5. 1. 3 If authorized in advance by the Owner, expense of overtime work
requiring higher than regular rates and expense of renderings or models
for the Owner1 s use.
5. 1.4 Expense of computer time when used in connection with Additional
Services.
ARTICLE 6
PAYMENTS TO THE ARCHITECT
6. 1 Payments on account of the Architect's Professional Fee shall be
made as follows:
6. 1. 1 Payments of the Professional Fee shall be made monthly in
proportion to services performed so that the total payments on account
of the Professional Fee at the completion of each Phase of the Architect's
Services shall equal the following percentages:
Schematic Design Phase 15%
Design Development Phase 35%
Construction Documents Phase 75%
Bidding or Negotiation Phase 80%
Construction Phase 100%
6. 2 Payments for time of Architect's personnel and services of
professional consultants as provided in Paragraphs HA, and IIB, (pages
2 and 3) and for Reimbursable Expenses as defined in Article 5 shall be
made monthly upon presentation of the Architect's statement of services
rendered.
6. 3 No deductions shall be made from the Architect's compensation on
account of penalty, liquidated damages, or other sums withheld from
payments to contractors.
17.
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6.4 If the Project is suspended for more than three months or abandoned
in whole or in part, the Architect shall be paid his compensation for
services performed prior to receipt of written notice from the Owner of
such suspension or abandonment, together with Reimbursable Expenses
then due and all terminal expenses resulting from such suspension or
abandonment. If the Project is resumed after being suspended for more
than three months, the Architects Compensation shall be subject to
renegotiation.
6. 5 Payments due the Architect under this Agreement shall bear interest
at the legal rate commencing sixty days after the date of billing.
ARTICLE 7
ARCHITECT'S ACCOUNTING RECORDS
Records of the Architect's Direct Personnel, Consultant and Reimbursable
Expenses pertaining to the Project shall be kept on a generally recognized
accounting basis and shall be available to the Owner or his authorized
representative at mutually convenient times.
ARTICLE 8
TERMINATION OF AGREEMENT
This Agreement may be terminated by either party upon seven days1 written
notice should the other party fail substantially to perform in accordance
with its terms through no fault of the other. In the event of termination
due to the fault of others than the Architect, the Architect shall be paid his
compensation for services performed to termination date, including
Reimbursable Expenses then due and all terminal expenses.
18. 14-35
36
ARTICLE 9
OWNERSHIP OF DOCUMENTS
Drawings and Specifications as instruments of service are and shall,
remain the property of the Architect whether the Project for which they are
made is executed or not. They are not to be used by the Owner on other
projects or extensions to this Project except by agreement in writing and
with appropriate compensation to the Architect,
ARTICLE 10
SUCCESSORS AND ASSIGNS
The Owner and the Architect each binds himself, his partners, successors,
assigns and legal representatives to the other party to this Agreement and
to the partners, successors, assigns and legal representatives of such
other party with respect to all covenants of this Agreement. Neither the
Owner nor the Architect shall assign, sublet or transfer his interest in
this Agreement without the written consent of the other,
ARTICLE 11
ARBITRATION
11.1 All claims, disputes and other matters in question arising out of,
or relating to, this Agreement or the breach thereof shall be decided by
arbitration in accordance with the Construction Industry Arbitration Rules
of the American Arbitration Association then obtaining unless the parties
mutually agree otherwise. This agreement to arbitrate shall be specifically
enforceable under the prevailing arbitration law.
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11. 2 Notice of the demand for arbitration shall be filed in writing with
the other party to this Agreement and with the American Arbitration
Association. The demand shall be made within a reasonable time after
the claim, dispute or other matter in question has arisen. In no event
shall the demand for arbitration be made after the date when institution
of legal or equitable proceedings based on such claim, dispute or other
matter in question would be barred by the applicable statute of limitations.
11.3 The award rendered by the arbitrators shall be final, and judgment
may be entered upon it in accordance with applicable law in any court
having jurisdiction thereof.
ARTICLE 12
EXTENT OF AGREEMENT
This Agreement represents the entire and integrated agreement between
the Owner and the Architect and supersedes all prior negotiations,
representations or agreements, either written or oral. This Agreement
may be amended only by written instrument signed by both Owner and
Architect.
ARTICLE 13
GOVERNING LAW
Unless otherwise specified, this Agreement shall be governed by the
law of the principal place of business of the Architect.
20.
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This Agreement executed the day and year first written above.
SEAL THE BOARD OF REGENTS OF
STEPHEN F. AUSTIN STATE
UNIVERSITY
ATTES
C. G. Haas, Secretary R. E. McGee, Chairman
GOLEMON & ROLFE, ARCHITECTS
Harry/^i Golemon, Partner
Texa£ No. 2052
21.
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72-102
Upon motion of Regent Tanner, seconded by Regent Todd, with all Regents
voting aye, it was ordered that Wilson, Morris, Grain § Anderson,
architectural firm, be designated the architect for the design and super
vision of construction of a coliseum and that a contract be drawn and
the Chairman of the Board authorized to sign the contract, as follows:
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ARCHITECT OWNER AGREEMENT
Architect Owner Agreement made this 29th day of July in the year of Nineteen
Hundred and Seventy Two between Stephen F. Austin State University,the Owner,
and Wilson, Morris, Crain & Anderson,A.I. A.,the Architect, entered into in
the State of Texas, County of Nacogdoches.
It is the intention of the Owner to construct a Basketball Field House for
approximately 7500 spectators hereinafter referred to as the Project.
The Owner and the Architect agree as set forth below.
I. The Architect shall provide professional services for the Project in
accordance with the Terms and Conditions of this Agreement.
II. The Owner shall compensate the Architect, in accordance with the
Terms and Conditions of this Agreement, as follows:
a. For the Architect's Basic Services, as described in Paragraph
1.1, Basic Compensation computed at the following percentage
of the Construction Cost, as defined in Article 3, for portions
of the Project to be awarded under a Single Stipulated Sum
Contract of 6.67 per cent.
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b. For the Architect's Additional Services, as described in Paragraph
1.3, compensation computed as follows:
Employees and partners time computed at a multiple of 2.25
times the employees1 Direct Personnel Expense as defined in
Article 4. No rates shall exceed $35.00 per hour. Additional
services of professional consultants engaged for the normal structural,
mechanical and electrical engineering services at direct cost.
c. For the Architect's Reimbursable Expenses, amounts expended as
defined in Article 5.
d. The Times and Further Conditions of Payment shall be as described
in Article 6.
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TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT
ARTICLE 1
ARCHITECT'S SERVICES
1.1 BASIC SERVICES
The Architect's Basic Services consist of the five phases described
below and include normal structural, mechanical and electrical
engineering services.
SCHEMATIC DESIGN PHASE
1.1.1 The Architect shall consult with the Owner to ascertain the requirements
of the Project and shall confirm such requirements ot the Owner.
1.1.2 The Architect shall prepare Schematic Design Studies consisting of
drawings and other documents illustrating the scale and relationship of Project
components for approval by the Owner.
1.1.3 The Architect shall submit to the Owner a Statement of Probable
Construction Cost based on current area, volume or other unit costs.
DESIGN DEVELOPMENT PHASE
1.1.4 The Architect shall prepare from the approved Schematic Design Studies,
for approval by the Owner, the Design Department Documents consisting of drawings
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43
and other documents to fix and describe the size and character of the entire
Project as to structural, mechanical and electrical systems, materials and
such other essentials as may be appropriate.
1.1.5 The Architect shall submit to the Owner a further Statement of Probable
Construction Cost.
CONSTRUCTION DOCUMENTS PHASE
1.1.6 The Architect shall prepare from the approved Design Development
Documents, for approval by the Owner, Working Drawings and Specifications
setting forth in detail the requirements for the construction of the entire Project
including the necessary bidding information, and shall assist in the preparation
of bidding forms, the Conditions of the Contract, and the form of Agreement
between the Owner and the Contractor.
1.1.7 The Architect shall advise the Owner of any adjustments to previous
Statements of Probable Construction Cost indicated by changes in requirements
or general market conditions. '
1.1.8 The Architect shall assist the Owner in filing the required documents
for the approval of governmental authorities having jurisdiction over the Project.
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BIDDING OR NEGOTIATION PHASE
1.1.9 The Architect, following the Owner's approval of the Construction
Documents and of the latest Statement of Probable Construction Cost, shall
assist the Owner in obtaining bids or negotiated proposals, and in awarding
and preparing construction contracts.
CONSTRUCTION PHASE - ADMINISTRATION OF THE CONSTRUCTION CONTRACT
1.1.10 The Construction Phase will commence with the award of the Construction
Contract and will terminate when the final Certificate for Payment is issued to the
Owner.
1.1.11 The Architect shall provide Administration of the Construction Contract
as set forth in Articles 1 through 14 inclusive of the latest edition of AIA Document
A201, General Conditions of the Contract for Construction, and the extent of his
duties and responsibilities and the limitations of his authority as assigned thereunder
shall not be modified without his written consent.
1.1.12 The Architect, as the representative of the Owner during the Construction
Phase, shall advise and consult with the Owner and all of the Owner's instructions
to the Contractor shall be issued through the Architect. The Architect shall have
authority to act on behalf of the Owner to the extent provided in the General
Conditions unless otherwise modified in writing.
1.1.13 The Architect shall at all times have access to the Work wherever it is in
preparation or progress.
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K1.14 The Architect shall make periodic visits to the site to familiarize himself
generally with the progress and quality of the Work and to determine In general if
the Work is proceeding in accordance with the Contract Documents. On the basis
of his on-site observations as an architect, he shall endeavor to guard the Owner
against defects and deficiencies in the Work of the Contractor. The Architect
shell be required to make exhaustive or continuous on-site inspections to check
the quality or quantity of the Work. The Architect shall not be responsible for
•construction means, methods, techniques, sequences or procedures, or for safety
precautions and programs in connnection with the Work, and he shall not be
-responsible for the Contractor's failure to carry out the Work in accordance with
the Contract Documents.
1.1#15 Based on such observations at the site and on the Contractor's Applications
for Payment, the Architect shall determine the amount owing to the Contractor and
shall issue Certificates for Payment in such amounts. The issuance of a Certificate
Jbr Payment shall constitute a representation by the Architect to the Owner, based
on the Architect's observations at the site as provided in Subparagraph 1.1.14 and
on the data comprising the Application for Payment, that the Work has progressed
♦o the point indicated; that to the best of the Architect's knowledge, information
-ttnd belief, the quality of the Work is in accordance with the Contract Documents
{subject to an evaluation of the Work for conformance with the Contract Documents
opon Substantial Completion, to the results of any subsequent tests required by the
Contract Documents, to minor deviations from the Contract Documents correctable
prior to completion, and to any specific qualifications stated in the Certificate
14-45
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for Payment^ and that the Contractor is entitled to payment in the amount certified.
By issuing a Certificate for Payment, the Architect shall not be deemed to represent
fhat he has made any examination to ascertain how and for what purpose the
Contractor has i ;od the moneys paid on account of the Contract Sum.
1.1.16 The Architect shall be, in the first instance, the interpreter of the require
ments of the Contract Documents and the impartial judge of the performance there
under by both the Owner and Contractor. The Architect shall make decisions on all
claims of the Owner or Contractor relating to the execution and progress of the Work
and on all other matters or questions related thereto. The Architect's decisions in
matters relating to artistic effect shall be final if consistent with the intent of the
Contract Documents.
1.1.17 The Architect shall have authority to reject Work which does not conform
to the Contract Documents. Whenever, in his reasonable opinion, he considers it
necessary or advisable to insure the proper implementation of the intent of the Contract
Documents, he will have authority to require special Inspection or testing of any Work
in accordance with the provisions of the Contract Documents whether or not such
Work be then fabricated, installed or completed.
1.1.18 The Architect shall review and approve shop drawings, samples, and other
submissions of the Contractor only for conformance with the design concept of the
Project and for compliance with the information given in the Contract Documents.
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It;! .19 The Architect shall prepare Change Orders.
1.1.20 The Architect shall conduct inspections to determine the Dates of
Substantial Completion and final completion, shall receive and review written
guarantees and related documents assembled by the Contractor, and shall issue
a final Certificate for Payment.
! .1,21 The Architect shall not be responsible for the acts or omissions of the
Contractor, or any Subcontractors, or any of the Contractor's or Subcontractors1
agents or employees, or any other persons performing any of the Work.
1.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES
1.2,1 The Architect shall employ one Full-Time Project Representative to assist
the Architect, and he shall be on the job at all times.
1.2.2 Such Full-Time Project Representatives shall be selected, employed and
directed by the Architect, and the Architect shall not be paid additional
compensation by the Owner for this service, ' - * ■ • *
1.2.3 The duties, responsibilities and limitations of authority of such Full-Time
Project Representatives shall be the responsibility of the Architect* •*-
1.2.4 Through the on-site observations by Full-Time Project Representatives of
the Work in progress, the Architect shall endeavor to provide further protection for
14-47
48
ihe Owner against defects in the Work, but the furnishing of such project
representation shall not make the Architect responsible for construction means,
methods, techniques, sequences or procedures, or for safety precautions and
programs, or for the Contractor's failure to perform the Work in accordance
with the Contract Documents.
1.3 ADDITIONAL SERVICES
If any of the following Additional Services are authorized by the
Owner, they shall be paid for by the Owner as hereinbefore provided.
1.3.1 Providing special analyses of the Owner's needs, and programming the
the requirements of the Project.
1.3.2 Providing financial feasibility or other special studies.
1.3.3 Providing planning surveys, site evaluations, or comparative studies
of prospective sites.
1.3.4 Providing design services relative to future facilities, systems and
equipment which are not intended to be constructed as part of the Project.
1.3.5 Providing services to investigate existing' conditions or facilities or to
make measured drawings thereof, or to verify the accuracy of drawings or other
information furnished by the Owner.
1.3.6 Preparing rbcuments for alternate bids or out-of-sequence services requested
by the Owner.
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1.3.7 Providing Detailed Estimates of Construction Cost or detailed quantity
surveys or inventories of material, equipment and labor.
1.3.8 Providing interior design and other services required for or fn
connection with me selection of furniture and furnishings*
K3.9 Providing services for planning tenant or rental spaces.
1.3.10 Making major revisions in Drawings, Specifications or other documents
when such revisions are inconsistent with written approvals or instructions previously
given and are due to causes beyond the control of the Architect.
1 .3.11 Preparing supporting data and other services in connection with Change
Orders if the change in the Basic Compensation resulting from the adjusted Contract
Sum is not cummensurate with the services required of the Architect.
1.3.12 Making investigations involving detailed appraisals and valuations of
existing facilities, and surveys or inventories required in connection with con
struction performed by the Owner.
1.3.13 Providing consultation concerning replacement of any Work damaged by
fire or other cause during construction, and furnishing professional services of the
type set forth in Paragraph 1.1 as may be required in connection with the replacement
of such Work.
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1.3.14 Providing professional services made necessary by the default of the
Contractor or by major defects in the Work of the Contractor in the performance
of the Construction Contract,
1.3.15 Preparing a set of reproducible record prints of drawings showing
significant changes in the Work made during the construction process, based
on marked-up prints, drawings and other data furnished by the Contractor to
the Architect.
1.3.16 Providing extensive assistance in the utilization of any equipment or
system such as initial start-up or testing, adjusting and balancing, preparation
of operating and maintenance manuals, training personnel for operation and
maintenance, and consultation during operation.
1.3.17 Providing Contract Administration and observation of construction
after the Construction Contract Time has been exceeded or extended by more
than 30 days through no fault of the Architect.
1.3.18 Providing services after issuance to the Owner of the final Certificate
for Payment.
1.3.19 Preparing to serve or serving as an expert witness in connection with
any public hearing, arbitration proceeding or legal proceeding.
1.3.20 Providing services of professional consultants for other than the normal
structural, mechanical and electrical engineering services for the Project.
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1.3.21 Providing any other services not otherwise included in this Agreement
or not customarily furnished in accordance with generally accepted architectural
practice.
ARTICLE 2
THE OWNER'S RESPONSIBILITIES
2.1 The Owner shall provide full information regarding his requirements
for the Project.
2.2 The Owner shall designate, when necessary, a representative authorized
to act in his behalf with respect to the Project. The Owner or his representative
shall examine documents submitted by the Architect and shall render decisions
pertaining thereto promptly, to avoid unreasonable delay in the progress of the
Architect's work.
2.3 The Owner shall furnish a certified land survey of the site giving, as
applicable, grades and lines of streets, alleys, pavements and adjoining property;
rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions,
boundaries and contours of the site; locations dimensions and complete data
pertaining to existing buildings, other improvements and trees; and full informa
tion concerning available service and utility lines both public and private, above
and below grade, including inverts and depths.
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2.4 The Owner shall furnish the services of a soils engineer or other consultant
when such services are deemed necessary by the Architect, including reports, test
borings, test pits, soil bearing values, percolation tests, air and water pollution
tests, ground corrosion and resistivity tests and other necessary operations for
determining subsoil, air and water condtions, with appropriate professional
interpretations thereof.
2*5 The Owner shall furnish structural, mechanical, chemical and other
laboratory tests, inspections and reports as required by law or the Contract
Documents.
2.6 The Owner shall furnish such legal, accounting, and insurance
counseling services as may be necessary for the Project, and such auditing
services as he may require to ascertain how or for what purposes the Contractor
has used the moneys paid to him under the Construction Contract.
2.7 The services, information, surveys and reports required by Paragraphs
2.3 through 2.6 inclusive shall be furnished at the Owner's expense, and the
Architect shall be entitled to rely upon the accuracy and completeness thereof.
2.8 If the Owner observes or otherwise becomes aware of any fault or defect
fn the Project or non-con formance with the Contract Documents, he shall give
prompt written notice thereof to the Architect.
2.9 The Owner shall furnish information required of him as expeditiously
as necessary for the orderly progress of the Work.
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ARTICLE 3
CONSTRUCTION COST
3.1 The Construction Cost to be used as the basis for determining the
Architect's Basic Compensation shall be the total cost or estimated cost to
the Owner of all Work designed or specified by the Architect, which shall
be determined as follows, with precedence in the order listed:
3.1.1 For completed construction, the total cost of all such Work;
3.1.2 For Work not constructed, (I) the lowest bona fide bid received from
a qualified bidder for any or all of such Work, or (Z if the Work is not bid,
the bona fide negotiated proposal submitted for any or all of such Work; or
3.1.3 For Work for which no such bid or proposal is received, (I) the latest
Detailed Estimate of Construction Cost if one is available, or (2N the latest
Statement of Probable Construction Cost.
3.2 Construction Cost does not include the compensation of the Architect
and consultants, the cost of the land, rights-of-way, or other costs which are
the responsibility of the Owner as provided in Paragraphs 2.3 through 2.6
inclusive.
3.3 Labor furnished by the Owner for the Project shall be included in the
Construction Cost at current market rates including a reasonable allowance for
overhead and profit. Materials and equipment furnished by the Owner shall be
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included at current market prices, except that used materials and equipment
shall be included as if purchased new for the Project.
3.4 Statements of Probable Construction Cost and Detailed Cost Estimates
prepared by the Architect represent his best judgment as a design professional
familiar with the construction industry. It is recognized, however, that neither
the Architect nor the Owner has any control over the cost of labor, materials or
equipment, over the contractors1 methods of determining bid prices, or over com
petitive bidding or market conditions. Accordingly, the Architect cannot and
does not guarantee that bids will not vary from any Statement of Probable Con
struction Cost or other cost estimate prepared by him,
3.5 When a fixed limft of Construction Cost is established as a condition of
this Agreement, ft shall include a bidding contingency of ten percent unless another
amount is agreed upon in writing. When such a fixed limit is established, the
Architect shall be permitted to determine what materials, equipment, component
systems and types of construction are to be included in the Contract Documents,
and to make reasonable adjustments in the scope of the Project to bring it within
the fixed limit. The Architect may also include in the Contract Documents alter
nate bids to adjust the Construction Cost to the fixed limit.
3.5.1 If the lowest bona fide bid or negotiated proposal, the Detailed Cost
Estimate or the Statment of Probable Construction Cost exceeds such fixed limit
of Construction Cost (including the bidding contingency^ established as a
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condition of this Agreement, the Owner shall (P give written approval of an
increase in such fixed limit, (2^ authorize rebidding the Project within a reason
able frime, or (3^ cooperate in revising the Project scope and quality as required
to reduce the Probable Construction Cost. In the case of (3N the Architect, with
out additional charge, shall modify the Drawings and Specifications as necessary
to bring the Construction Cost within the fixed limit. The providing of such
service shall be the limit of the Architect's responsibility in this regard, and
having done so, the Architect shall be entitled to compensation in accordance
with this Agreement.
ARTICLE 4
DIRECT PERSONNEL EXPENSE
4.1 Direct Personnel Expense of employees engaged on the Project by the
Architect includes architects, engineers, designers, job captains, draftsmen,
specification writers and typists, in consultation, research and design, in pro
ducing Drawings, Specifications and other documents pertaining to the Project,
and in services during construction at the site.
4.2 Direct Personnel Expense includes cost of salaries and of mandatory
and customary benefits such as statutory employee benefits, insurance/ sick
leave, holidays and vacations, pensions and similar benefits.
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ARTICLE 5
REIMBURSABLE EXPENSES
5.1 Reimburoble Expenses are in addition to the Compensation for Basic
and Additional Services and include actual expenditures made by the Architect,
his employees, or his professional consultants in the interest of the Project for
the expenses listed in the following Subparagraphs:
5.1.1 Expense of special travel and living when traveling in connection with
the Project and specifically authorized by the Owner. The ordinary expense
involved in travel to and from the site will be paid by the Architect. Long
distance calls and telegrams; and fees paid for securing approval of authorities .
having jurisdiction over the Project, will be paid by the Owner.
5.1.2 Expense of reproductions will be as follows: the Architect will provide
the Owner with duplicate sets of prints of all stages, as described in Paragraph
6.1.2, and will provide 15 sets of Contract Documents Drawings, and 30 sets
of Specifications. The cost of additional Contract Documents requested by the
Owner will be reimbursed to the Architect by the Owner, at the actual cost of
the reproduction to the Architect.
5.1.3 If authorized in advance by the Owner, expense of overtime work
requiring higher than regular rates and expense of renderings or models for
the Owner's use.
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5.) .4 Expense of computer time when used in connection with Additional
Services.
ARTICLE 6
PAYMENTS TO THE ARCHITECT
6.1 Payments on account of the Architect's Basic Services shall be made
as follows:
6.1.1 An initial payment a? set forth in Paragraph I la (Page 1) is the minimum
payment under this Agreement.
6.1.2 Subsequent payments for Basic Services shall be made monthly in
proportion to services performed so that the compensation at the completion
of each Phase shall equal the following percentages of the total Basic Compen
sation:
Schematic Design Phase 15%
Design Development Phase.*, * 35%
Construction Documents Phase. 75%
Bidding or Negotiation Phase. • ♦. 80%
Construction Phase 100%
6.2 Payments for Additional Services of the Architect as defined in
Paragraph 1.3, and for Reimbursable Expenses as defined in Article 5, shall
be made monthly upon presentation of the Architect's statement of services
rendered.
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6.3 No deductions shall be made from the Architect's compensation on
account of penalty, liquidated damages, or other sums withheld from payments
to contractors.
6.4 If the Project is suspended for more than three months or abandoned
in whole or in part, the Architect shall be paid his compensation for services
performed prior to receipt of written notice from the Owner of such suspension
or abandonment. If the Project is resumed after being suspended for more than
three months, the Architect's compensation shall be subject to renegotiation.
6.5 Payments due the Architect under this Agreement shall bear interest
at the legal rate commencing sixty days after the date of billing.
ARTICLE 7
ARCHITECT'S ACCOUNTING RECORDS
Records of the Architect's Direct Personnel, Consultant and Reimbursable Expenses
pertaining to the Project, and records of accounts between the Owner and the
Contractor, shall be kept on a generally recognized accounting basis and shall
be available to the Owner or his authorized representative at mutually convenient
times.
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ARTICLE 8
TERMINATION OF AGREEMENT
This Agreement may be terminated by either party upon seven days' written
notice should the other party fail substantially to perform in accordance with
its terms through no fault of the other. In the event of termination due to the
fault of others than the Architect, the Architect shall be paid his compensation
for services performed to termination date, including Reimbursable Expenses
then due and all terminal expenses.
ARTICLE 9
OWNERSHIP OF DOCUMENTS
Drawings and Specifications as instruments of service are and shall remain the
property of the Architect whether the Project for which they are made is executed
or not. They are not to be used by the Owner on other projects or extensions to
this Project except by agreement in writing and with appropriate compensation
to the Architect.
ARTICLE 10
SUCCESSORS AND ASSIGNS
The Owner and the Architect each binds himself, his partners, successors,
assigns and legal representatives to the other party to this Agreement and to
the partners, successors, assigns and legal representatives of such other party
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with respect to all covenants of this Agreement, Neither the Owner nor the
Architect shall assign, sublet or transfer his interest in this Agreement without
the written consent of the other.
ARTICLE U_
ARBITRATION
11J All claims, disputes and other matters in question arising out of, or
relating to, this Agreement or the breach thereof shall be decided by arbitration
in accordance with the Construction Industry Arbitration Rules of the American
Arbitration Association then obtaining unless the parties mutually agree otherwise.
This agreement to arbitrate shall be specifically enforceable under the prevailing
arbitration law,
11.2 Notice of the demand for arbitration shall be filed in writing with the
other party to this Agreement and with the American Arbitration Association.
The demand shall be made within a reasonable time after the claim, dispute or
other matter in question has arisen. In no event shall the demand for arbitration
be made after the date when institution of legal or equitable proceedings based
on such claim, dispute or other matter in question would be barred by the
applicable statute of limitations.
11.3 The award rendered by the arbitrators shall be final, and fudgment may
be entered upon it in accordance with applicable law in any court having
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jurisdiction thereof.
ARTICLE 12
EXTENT OF AGREEMENT
This Agreement represents the entire and integrated agreement between the
Owner and the Architect and supersedes all prior negotiations, representations
or agreements, either written or oral. This Agreement may be amended only
by written instrument signed by both Owner and Architect.
ARTICLE 13
GOVERNING LAW
Unless otherwise specified, this Agreement shall be governed by the law of the
principal place of business of the Architect.
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OWNER
STEPHEN F. AUSTIN STATE UNIVERSITY
Chairman Board of Regents
Stephen F. Austin State University
Attested by:
C. G. Haas, Secreta ry
ARCHITECT
WILSON, MORRIS, CRAIN & ANDERSON
\x\ E. Bertini, Partner
Attested by:
Vir^fnia Coogan, Notary Publfc
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72-103
Upon motion of Regent Tanner, seconded by Regent Todd, with all Regents
voting aye, it was ordered that the University be authorized to purchase
additional furniture for the Austin Building from Suniland Furniture
Company for a total value of $13,670.87.
72-104
Upon motion of Regent Gray, seconded by Regent Todd, with all Regents
voting aye, it was ordered that Thompson Insurance Company be designated
the insurance agent for the University for three years beginning August
18, 1972.
72-105
Upon motion of Regent Gray, seconded by Regent Perkins, with all Regents
voting aye, it was ordered that the final drawings and specifications on
the improvements of the lake adjacent to the stadium be approved and the
University be authorized to obtain bids.
72-106
Upon motion of Regent Thomas, seconded by Regent Todd, with all Regents
voting aye, it was ordered that Dormitory 19 be named in honor of William
Fletcher Garner, Sr.
72-107
Upon motion of Regent Bergman, seconded by Regent Perkins, with all Regents
voting aye, it was ordered that the campus street extending from East
College Street to Starr Street be named in honor of Paul Wilson.
72-108
Upon motion of Regent Perkins, seconded by Regent Tanner, with all Regents
voting aye, it was ordered that matching funds up to $18,677 be appropriated
from Auxiliary Enterprises operations to the National Defense Education
Act Student Loan Fund for the year 1972-73,
72-109
Upon motion of Regent Perkins, seconded by Regent Maness, with all Regents
voting aye, it was ordered that the following tuition and fee charges be
made for courses offered by extension:
3 Semester-hour course $50.00
Extension service fee 28.00
$78.00
Second Course $20.00 Extension Service Fee
Course added on to campus course $20.00 Extension Service Fee
72-110
Upon motion of Regent Perkins, seconded by Regent Tanner, with all Regents
voting aye, it was ordered that instructors of off-campus courses be
compensated as follows:
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(a) For an off-campus course in addition to a full on-canrous
assignment — $800 plus regular travel allowances P
(b) For an off-campus course as part of a regular teaching
load - regular travel allowance plus
One way distance
50 miles
51 -75 miles
76 -100 miles
101 - miles
Salary
$160.00
200.00
250.00
300.00
72-111
Upon motion of Regent Maness, seconded by Regent Bergman with all Re^nt*
COURSES ADDED: (Curriculum Committee)
Department and Number Title
Bible 120
Bible 220
Bible 320
Biology 121
Biology 123
Biology 476
Chemistry 476
Geology 245
-Geology 443
Geology 476
History 309
History 310
History 311
^History 412
Home Economics 443
Mathematics 476
Modern Languages 131
Modern Languages 132
Music 130
Physics 476
Psychology 230
Psychology 290
Psychology 361
^Psychology 495
Comparative Religion
Comparative Christianity
Contemporary Religious Issues
Concepts of Biology
Man and the Environment
Special Problems
Special Problems
Earth Materials
Optical Mineralogy and Petrography
Special Problems
Studies in American Economic
Development
Ideas and Institutions in America
The Development of European Institutions
Studies in Modern European History
Practicum in Child Development-Family
Living
Special Problems
Elementary Latin
Elementary Latin
Keyboard Ensemble
Special Problems
Experimental Methods in Psychology
Experimental Social Psychology
Principles of Behavior Modification
Psychopathology
Hours
Credit
3
3
3
4
4
3
3
3
3
2
3
3
3
3
6
3
3
3
1
3
3
3
3
3
* Submitted for Graduate Credit
14-64
65
COURSES TO BE REVISED; (Curriculum Committee)
and No, Title and Credit
History 315
History 317
New
No. New Title and Credit
The Negro in America (3) 315 The Afro-American (3]
Social and Intellectual History
of the Black American (3) 317 Minority Groups in
America (3)
Philosophy 402H
Psychology 360
Psychology 375
Liberal Arts Colloquium
VIII (1)
Human Learning (3)
Abnormal Psychology and
Mental Hygiene (3)
402H Liberal Arts Honors
Project (1)
360 Basics in Animal
Learning and
Conditioning (3)
275 Abnormal Psychology
(3)
COURSES TO BE DELETED: (Curriculum Committee)
Department and Number
Modern Languages 121
Modern Languages 122
Modern Languages 123
Title and Credit
Elementary French (1)
Elementary French (1)
Elementary French (2)
COURSES ADDED! (Graduate Council)
Department and Number
Agriculture 505
Agriculture 513
Agriculture 515
Biology 576
Home Economics 442
Modern Languages 575
Modern Languages 576
Title
Advanced Farm Management
Ornamental Plant Propagation
Technical-Occupational Experience
Programs
Advanced Graduate Studies
Administration of Preschool Program
Advanced Graduate Studies in German
Language or Literature
Advanced Graduate Studies in German
Language or Literature
Hours
Credit
3
3
3
3
3
3
3
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COURSES TO BE REVISED: (Graduate Council)
New
Department ano^NcK Title and Credit No. New Title and Credit
Physics 511 Nuclear Physics (3) 511 Nuclear Physics (4)
Physics 531 Classical Mechanics (3) 531 Classical Mechanics^
Physics 532 Electromagnetic Waves (3) 532 Electromagnetic
Waves (4)
Physics 533 Theoretical Physics (3) 533 Theoretical Physics (
Physics 551 Advanced Quantum Mechanics (3) 551 Advanced Quantum
Mechanics (4)
COURSES TO BE DELETED: (Graduate Council)
Department and Number Title and Credit
Agriculture 507 Advanced Soils (3)
Agriculture 509 Chemistry of Fertilizers (3)
Chairman McGee appointed Regent Tanner to the Stadium Committee.
The next meeting was set for some date in October, 1972, to be announced.
There being no further business, the meeting adjourned at 2:00 p.m.
C. G. Haas
Secretary
14-66

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Transcript

MINUTES OF
Board of Regents
of
Stephen F. Austin State University
VOLUME NO. 14
JULY 29, 1972
MINUTES OF THE MEETING OF THE BOARD OF REGENTS OF
STEPHEN F. AUSTIN STATE UNIVERSITY
HELD AT HOUSTON, TEXAS
July 29, 1972
VOLUME NO. 14
Page
72-88 Approval of Minutes 14-2
72-89 Faculty and Staff Appointments 14-2
72-90 Acceptance of Resignations 14-5
72-91 Approval of Changes in Status 14-7
72-92 Leaves of Absence 14-11
72-93 Retirement - Dr. John L. Sullivan 14-11
72-94 Approval of Promotions 14-13
72-95 Approval of Budget Adjustments 14-13
72-96 Amendment of Annual Operating Budget
(President's Salary) 14-13
72-97 Approval of Annual Operating Budget 14-13
72-98 Approval of Biennial Legislative Request 14-13
72-99 Approval of Change Orders - 14-14
Austin Bldg. Renovation Ph. IV
Stadium
Swimming Pool Filter System
Dorm 14 Air Cond. Controls
Library
72-100 Approval of Contract with Collegiate Recovery
and Credit Assistance Programs, Inc. 14-14
(Continued)
Page
72-101 Approval of Architectural firm, Golemon
§ Rolfe for Two Classroom Buildings 1447
72-102 Approval of Architectural firm, Wilson,
Morris, Crain § Anderson for Coliseum 14-39
72-103 Authorization for Purchase of Additional
Furniture for Austin Building 14-63
72-104 Selection of Thompson Insurance Company as
Insurance Agent for the University
August 18, 1972 through August 18, 1975 14-63
72-105 Approval of Final Drawings and Specifications
for Improvements to the Lake adjacent to
the Stadium 14-63
72-106 Approval of Dormitory 19 being Named in 14-63
Honor of William Fletcher Garner, Sr.
72-107 Approval of Campus Street being Named in
Honor of Paul Wilson 14-63
72-108 Approval of Appropriations to National Defense
Education Act Student Loan Fund 14-63
72-109 Approval of Fees for Extension Courses 14-63
72-110 Approval for Instructors of Off-Campus Courses
to be Compensated for Travel Expenses 14-63
72-111 Approval of Curriculum Changes 14-64
MTNIJTKS OF Till: MHi-'i'TNC OP THi'i BOARD OF RflGHNTS OF
STIiPMliN F.. AUSTIN STATIi liivfVHRSTTY
HELD AT HOUSTON, TEXAS
July 29, 1972
The meeting was called to order by R. E. McGee, Chairman of
the Board of Regents, at 10:00 a.m., July 29, 1972,
PRESENT:
Members
ABSENT:
PRESENT:
R. E. McGee of Houston
Joe Bob Golden of Jasper
Walter Todd of Dallas
Douglas Bergman of Dallas
Sam Tanner of Beaumont.
Roy Maness of Beaumont
Robert G\ Gray of Austin
James I. Perkins of Rusk
Mrs. Lera Thomas of Houston
None
€ „ G. Ha as, Sec re t ary
Dr. R, W. Steers President of the University
72-88
Upon motion of Regent Gray, seconded by Regent; Tanner, with all
Regents voting aye, it was ordered that the minutes of the meetings
of April IS, 1972, and June 2 6, 1972, be approved.
72-89
Upon motion of Regent Todd, seconded by Regent Perkins, with eight
members voting aye and Regent Bergman abstaining, it was ordered
that the following individuals be employed for the positions, dates
and salaries indicated:
1. Department of Art
Mrs. Susan Je Bryan, 28, M.F.A. (Stephen F. Austin State
University), Teaching Interne in Art, at a salary rate of
$7,000 for nine months, effective Fall Semester, 1972. This
is a temporary non-renewable nine-months contract.
2. Department of Biology
Mr. Avin Scott Brownlee, 29, N.C.S. (University of Mississippi),
Instructor of Biology at a salary rate of $10,000 for nine
months, effective Fall Semester, 1972. This is a temporary
non-renewable nine-months contract,
3, Department of Communication
Mr. Robert T. Ramsey, 30, M.A. (Stephen F. Austin State
University), Assistant Professor of Communication at a
salary rate of $10,500 for nine months, effective Fall
Semester, 1972.
4. Department of Computer Science
Mr. Jerald Lester Ripiey, 32, M.A. (Oklahoma University),
Assistant Professor of Computer Science at a salary rate of
$10,500 for nine months, effective Fall Semester, 1972.
5, Department of Economics
Dr. £., Wayne Murdock, 40, P)-.!). (University of Oklahoma),
Assistant Professor of Economics at a salary rate of $12,500
for nine months, effective Pa3 1 Semester, 1972.
6, Department of Elementary Education
Miss Claudia Beth Pinkard, 23, M.S. (Florida State University),
Instructor of Elementary Education at a salary rate of $7,800
for nine months, effective Fall Semester, 1972.
14-2
Mrs. Rebecca Ann Sartin, 25, B.S. (North Texas State
University), Instructor of Elementary Education at a salary
rate of $8,300 for nine months, effective Fall Semester, 1972.
Mis5 Jean Marie McMahon> 22, &,$, (Texas Christian University),
Associate Teacher3 University Kindergarten, at a salary rate
of $3,600 for nine months, effective Fall Semester, 1972.
This is a temporary non-renewable nine-months contract.
7. Oepc. .ment of English and Philosophy
Mrs. Carolyn Stokes Foster, 41, M.A. (University of Iowa),
Instructor of English at. a salary rate of $4,000 for the
Fall Semester, 1972, only.
Mr, Jerry Marvin Self, 34, Th.D. (Southwestern Baptist
Theological Seminary), Lecturer (Part-time) in Philosophy
at a salary rate of $400 for the Fall Semester, 1972, only.
Miss Naciye Yildiz Guleryuzlu, 28, B.A. (University of South
Dakota), Graduate Interne in English at a salary rate of
$5,400 for nine months, effective Fall Semester, 1972. This
is a. temporary non-renewable nine-months contract.
8. School of Forestry
Mr. Billy J. Earley, 36, L.L.B. (University of Texas),
Lecturer (1/4 time) in Forestry, effective Fall Semester,
1972, only, at a salary rate of $1,150 for the semester,
Mr. Michael S, Fountain., 25, M.S.F. ('Stephen F6 Austin State
University), Instructor (Parr-time) in Forestry at a salary
rate of $5,600 for nine months, effective Fall Semester, 1972.
This is a temporary noa-renewabJ.e nine-months contract.
Mr. Robert Montague Whiting, .Jr.. ^ 34; M.S. (University of
Arizona), Instructor rp>r."i;-i. i;ue) in Forestry at a salary
rate of $5,600 for nine months, effective Fall Semester, 1972.
This is a temporary non-renewable nine-months contract,
9. Department of Health and Physical Education
Miss Dorothy Ellen Alien, 5S, M.Eci. (Sam Houston State
University), Assistant Professor of Women's Health and
Physical Education at: a salary rate of $12,000 for nine months,
effective Fall Semester, 1972.
Miss Suzanne Kay Schrader, 31, M.S. (Southern Illinois
University), Assistant Professor of Women's Health and Physical
Education at a salary rate of $8,500 for nine months, effective
Fall Semester, 1972.
14-3
10. Department of History
Dr. Douglas I-1. McMillan, 31, Ph.D. (University of New Mexico),
Assistant Professor of History at a salary rate of $11,600 for nine
months, effective Fall Semester, 1972,
11. Department of Mathematics
Mr. Ralph Charles DeBoard, 26, M.S. (Wright State University),
Instruct,, of Mathematics at a salary rate of $7,750 for nine
months, effective Fall Semester, 1972, This is a temporary
non-renewable nine-months contract.
Mr. Barry Lynn Olson, 23, M.S. (South Dakota School of Mines and
Technology), Instructor of Mathematics at a salary rate of $7,750
for nine months, effective Fall Semester, 1972. This is a temporary
non-renewable nine-months contract.
12. Department of Office Administration
Dr. Kenneth I. Durr, 56, Ed.D. (Indiana University), Associate
Professor of Office Administration at a salary rate of $13,500
for nine months, effective Fall Semester, 1972.
Mrs. Margaret Sue Squier, 47, M.B.E. (Stephen F. Austin State
University), Instructor of Office Administration at a salary rate
of $7,500 for nine months, effective Fall Semester, 1972. This
is a temporary non-renewable nine-months contract.
13. Department of Political Science
Dr. Pamela Reynolds Lee, 29, Ph.D, (University of Maryland),
Assistant Professor of Political Science at a salary rate of
$10,500 for nine months, effective Fall Semester, 1972.
14. Department of Psychology
Mr, John David Elkins, 25, M,A. (Stephen F, Austin State University),
Graduate Interne in Psychology at a salary rate of $7,200 for nine
months, effective Fall Semester, 1972. This is a temporary non-renewable
nine-months contract,
15. Department of School Services
Mrs. Ida Baty Anderson, 33, M.Ed. (Stephen Fa Austin State University),
Instructor in School Services at a salary rate of $9,000 for nine
months, effective Fall Semester, 1972.
Mr. Frederick J. Hicks, 51, M.S.W. (Our Lady of the Lake), Assistant
Professor of School Services, at a salary rate of $10,125 for nine
months, effective August 1, 1972.
14-4
16. Department of Sociology
Miss Roberta Lee McGonagle, 31, M. A. (University of California-
Davis), Instructor of Sociology at a salary rate of $9,500 for nine
months, effective Fall Semester, 1972,
Dr. Frank R. Prassel, 35, Ph.D. (University of Texas-Austin),
Associate Professor of Sociology at a salary rate of $13,600 for
nine months, effective Fall Semester9 1972.
17. University Farm
Mr. Jimmy L. Upchurch, 26, B.S. (Stephen F. Austin State University),
Manager-Operator at a salary rate of $5,250 for twelve months,
effective April 10, 1972.
18. Student Life Division
Mr. James C. Calahan, 43, M. Ed. (Stephen F. Austin State University),
Associate Dean for University Regulations, at a salary rate of
$13,500 for twelve months, effective September 1, 1972.
Mr. Paul White Harris, 29, Ed.D. (East Texas State University),
Dean of Student Development, at a salary rate of $15,00 for twelve
months, effective August 1, 1972,
Mr. William A. Hill, 23, Patrolman, Traffic and Security, at a
salary rate of $6,000 for twelve months, effective May 1, 1972.
Mr. James C. McGaughey, 25, B.S.E. (Stephen F. Austin State
University), Patrolman, Traffic and Security, at a salary rate
of $6,000 for twelve months, effective June 5, 1972.
19. University Computer Center
Mr. Ben Patton Covin, 22, B.S. (Stephen F. Austin State University),
Programmer, Computer Center, at a salary rate of $7,500 for twelve
months, effective June 1, 1972,
72-90
Upon motion of Regent Perkins, seconded by Regent Tanner, with all
Regents voting aye, it was ordered that the following resignations be
accepted:
1. Department of Biology
Mrs. Annette S. Dawson, Instructor (Part-time) of Biology,
effective May 31, 1972, Mrs. Dawson was a temporary employee
and has completed her contract.
14-5
6
£ - Department of Computer Science
Mrs, Camille Cook Price, Instructor of Computer Science, effective
May 31, 1972.. Mrs, Price was a temporary employee and has completed
her contact.
3. Department of Elementary Education
Mrs. Ann- Martha Sir/boa, Uidveisity Kindergarten Teacher,
effective May 17, 197'";. Hrrs .. r-crybos has moved from this area*
4. Department of English
Mrs. Kathryn Dobbs Morris, instructor of English, effective May
31, 1972. Mrs, Morris is leaving this area.
!>. School of Forestry
Mr. Earnest A, Golden, Lecturer (1/4 time) in Forestry, effective
September 1, 1972. The course taught by Mr. Golden will not be
offered in the 1972-73 academic year.
Mr. James W. Martin, Instructor (Part-time) of Forestry, effective
August 3.1, 1972.. Mr. Martin will be attending Texas A§M University
or the joint doc'coral program.
Dru Harry V,, Wiant, Jr., Professor of Forestry and Assistant Dean,
effective August 31v 1972, Or„ Wiant is leaving this area.
6.. Department of Health aistt Physical Education (Women)
Miss Kvftddie Mae Dannhau;-;, n*sl ruccor of Women's Health and Physical
;'.., -j. 'Tec e h^y 1:< , \i: / 2 .. Hi--, Ikumhaas has accepted other
M^.m; ;.;ha-o-.. iiuduiesv o;-.. I iiiu.',;c i:-r o'- Wom-^n r i1 Health and Physical
iiaucaxion.. effective r-iav1 15. 1.^/'/. Miivs Huddles ton plans to con-i
s. ,)J: t ::■; L LiO. ; L O W ii j. Cli i' ■. * '."• Y \\ \ -'i-Z }j -' ■'? £
Miss Carolyn Joyce Miller, Instructor of Women's Health and Physical
LiciucaLiovij effective Ma> 13^ 1972, Miss Miller was a temporary
employee and has completed her contract.
Miss Jane Shannon Osborne, Instructor of Women-s Health and Physical
Education^ effective May 13, 1972. Miss Osborne will enter Vanderbilt
School of Nursing.
7. Department of Health and Physical Education (Men)
14-6
Dr. Charles 0. Dotson. Associate Professor of Men's Health and
Physical Education, effective August 31, 1972. Dr. Dotson has
accepted other employment.
8. Department of History
Dr. Dewitt Samuel Chandler, Assistant Professor of History,
effecti^- May 31, 1972. Dr. Chandler has accepted other
employment.
9. Department of Psychology
Mr. Jerry Duane Williams, Graduate Interne in Psychology,
effective May 31, 1972. Mr. Williams was a temporary employee
and has completed his contract.
10. Library
Mrs. Sarah Jane Lee, Assistant Documents Librarian, effective
July 13, 1972. Mrs. Lee has accepted other employment.
Miss Gloria B. White, Periodicals Librarian, effective May 31,
1972. Miss White resigned for personal reasons.
11. University Farm
Mr. Asa Edward McClendon, Dairy Farm Manager, effective February
29, 1972. Mr. McClendon resigned for personal reasons.
12. Student Life Division
Mr. Grover Kenneth Birdsong, Patrolman, Traffic and Security,
effective April 22, 1972. Mr. Birdsong is accepting other
employment.
Mr. James A. Fletcher, Patrolman, Traffic and Security, effective
May 31, 1972. Mr. Fletcher is resigning due to illness.
Mr. Frank Earl Manion, Vending Route Man, University Center
Administration, effective May 4, 1972. Mr. Manion moved to
Indiana.
72-91
Upon motion of Regent Bergman, seconded by Regent Maness, with all
Regents voting aye, it was ordered that the following changes in
status be approved:
1. Department of Agriculture
Dr. Thurman T. Thomas, Assistant Professor of Agriculture,
employed on research project (50%) from June 1 to August 31, 1972.
14-7
2. Department of Biology
Dr. Charles D. Fisher, Assistant Professor of Biology, to
Trinity River Grant for first summer session.
Dr. William W, Gibson, Professor of Biology, appointed (50%)
first summer term to replace Dr. Burr who is ill.
Dr. Harrv s. McDonald, Professor of Biology, appointed (50%)
second summer term to replace Dr. Burr who is ill.
Dr. Elray S. Nixon, Associate Professor of Biology, appointed
(50%) Associate Professor of Biology and (50%) Trinity River
Project for the first summer term.
3. Department of Economics
Dr. Thomas K. Hunter, Associate Professor of Economics, from
100% teaching in second summer term to resignation to accept
faculty research grant.
Dr. E. Dwayne Key, Assistant Professor of Economics, appointed
(50%) second summer term to replace Dr. Hunter.
Dr. Milton D. Stewart, Jr., Assistant Professor of Economics,
appointed (50%) second summer term to replace Dr. Hunter.
4. Department of Elementary Education
Mrs. Patricia Ann Elkins, Instructor of Elementary Education,
appointed second summer term.
Mrs. Mary E. Penney, Assistant Professor (visiting) of Elementary
Education, appointed for first summer term to replace Dr. Beverly
Young who resigned from summer teaching for personal reasons.
Mrs. Rebecca Ann Sartin, Instructor, University Kindergarten,
appointed (50%) for second summer term.
5. Department of English
Dr. Leonard A. Cheever, Assistant Professor of English, from 100%
teaching in first and second summer terms to 100% teaching first
summer term only. Dr. Cheever has accepted a Fulbright Professor
ship in Argentina, beginning July 15, 1972.
Dr. Alfred S. Shivers, Professor of English, from 100% teaching
for first and second summer terms to 100% teaching first term and
50% teaching second term.
Mr. Robert Lane Verner, Assistant Professor of English, appointed
for 100% second summer term to replace Dr. Leonard A. Cheever.
14-8
6. School of Forestry
Dr. Jack E> Coster, Assistant Professor of Forestry, from 50%
Forestry teaching and 50% Forestry research to 50% Forestry
teaching, 25% Forestry research and 25% Trinity River Project-
Director, effective June 1, 1972.
Dr. James Robert Singer, Assistant Professor of Forestry, on leave
without pay from June 5 through July 15, 1972, in order to accept
FAO assignment in Yugoslavia.
Mr. George Kennedy Stephenson, Editor of Forestry Publications, from
one-fourth time to one-third time, effective Fall Semester, 1972.
Mr. Richard Larry Willett, Instructor of Forestry, appointed to Trinity
River Project, effective May 15, 1972.
7. Department of General Business
Mr. Thomas D. Rorie, Assistant Professor of General Business,
appointed for 100% second summer term.
8. Department of Geology
Mr. Martin J. Deuth, Instructor of Geology, appointed for 50%
first summer term to replace Dr. Hershel Jones who has been trans
ferred to the Trinity River Project.
Mr. Boyd V. Dreyer, Instructor of Geology, appointed as consultant
to Trinity River Project, effective June 14, 1972.
Dr. Volker W. Gobel, Assistant Professor of Geology, appointed
50% for first summer term to replace Dr. Jerry Vincent who resigned
his summer appointment for personal reasons.
Dr. Hershel L. Jones, Assistant Professor of Geology, from 50%
teaching first summer term to Investigator, Trinity River Project,
effective June 1, 1972.
9. University Administration
Mr. C. G. Haas from Comptroller to Vice President for Fiscal Affairs,
effective September 1, 1972. This is a change in title only.
Dr. Gordon Beasley from Dean of Student Life to Vice President for
Student Affairs, effective September 1, 1972. This is a change in
title only.
10. Department of History
Mr. William J. Brophy, Assistant Professor of History, appointed
50% for second summer term to replace Mr. Allen Richman who re
signed his summer appointment to complete Ph.D. requirements.
14-9
10
Dr. Elizabeth Deanne Malpass, Assistant Professor of History ,
appointed 50% for second summer term to replace Mr. Allen
Richman who resigned his summer appointment to complete Ph.D.
requirements.
11. Department of Home Economics
Miss Pamela Heaton Duncan, Nursery School Assistant, appointed
one-thir^- time for first summer term.
Miss Pam B. Lawder, Nursery School Assistant, appointed one-third
time for first summer term.
12. Department of Music
Dr. Daniel J. Beaty, Associate Professor of Music, from teaching
to Moody Foundation grant for first and second summer terms.
Dr. Billie R. Erlings, Associate Professor of Music, from 100%
teaching to 50% teaching first summer term.
Mr. Robert C. Mann, Assistant Professor of Music, to 50% teaching
first summer term.
Dr. William T. Young, Associate Professor of Music, to 100%
research grant for first and second summer terms.
13. Department of Psychology
Mr> Lester W. Barnett, Jr., Assistant Professor of Psychology, to
100% research grant for first and second summer terms.
14. Department of School Services
Mr. Robert 0. LaDuke, to 100% teaching for first and second summer
terms, salary to be paid from Blind Mobility Grant.
15. Library
Miss Sarah J. Lee, Assistant Acquisitions Librarian, to 100% for
first summer term.
Mrs. Mary Jo Linthicum, Forestry Librarian, to 100% for first
summer term.
Mr. Floyd R. Meyer, Acting Documents Librarian, to 100% for summer
term.
Mrs. Willie E. Tindall, from Assistant Reference Librarian to
Periodicals Librarian, effective May 1, 1972.
14-10
11
72-92
Upon motion of Regent Todd, seconded by Regent Gray, with all Regents
voting aye, it was ordered that the following leaves of absence be
granted:
1. Department of Art
Mr. Donald Ray Beason, Assistant Professor of Art, for the
academic vear 1972-73 in order to study in Italy on a Fulbright-
Hays Grant.
2. Department of English
Dr. Leonard A. Cheever, Associate Professor of English, for the
Fall Semester, 1972, in order to accept a Fulbright Professorship
in Argentina.
3. Department of Modern Languages
Dr. Waclaw Jarzebowski, Associate Professor of Modern Languages,
for the Fall Semester, 1972, to continue research on religious
philosophy of Lord Herbert.
4. Department of Sociology
Mrs. Constance L. Spreadbury, Instructor of Sociology, for the
academic year 1972-73, to complete requirements toward the Ph.D.
degree.
5. Library
Miss Mary A. Nooe, Associate Library Director for Technical Services,
from May 16 through November 16, 1972. Miss Nooe is recuperating
from a stroke.
72-93
Upon motion of Regent Perkins, seconded by Regent Tanner, with all
Regents voting aye, it was ordered that the following retirement be
accepted, and the following resolution be adopted:
1. Department of Agriculture
Dr. John Loraine Sullivan, Professor of Agriculture and Director
of Soils Laboratory, effective August 31, 1972.
14-11
12
RESOLUTION
WHEREAS, Dr. John L. Sullivan joined the faculty of Stephen F. Austin
State University in September, 1946, as professor of agriculture and head of
the department; and
WHEREAS, Dr. Sullivan has served the University since that date as
department head and as director of the Soils Testing Laboratory; and
WHEREAS, Dr. Sullivan is to retire on August 31, 1972; now, therefore,
be it
RESOLVED, that the Board of Regents of Stephen F. Austin State
University extend to Dr. Sullivan an expression of gratitude for his loyal
service to the University over a period of twenty-six years, and good wishes
for a long and pleasant period of retirement.
Adopted at Houston, Texas, this the twenty-ninth day of July, nineteen
hundred and seventy-two.
/s/ R. E. McGee
R. E. McGee
President, Board of Regents
Stephen F. Austin State University
14-12
72-94
Upon motion of Regent Bergman, seconded by Regent Tanner, with all
Regents voting aye, it was ordered that the following promotions be
approved:
1. Department of Sociology
Mrs. Joy Bennett Reeves from Instructor to Assistant Professor
of Sociology, effective September 1, 1972. Mrs. Reeves com
pleted i.e. requirements for promotion and was recommended by
the Dean and Department Head.
2. Student Life Division
Mr. Curtis Bradshaw from Assistant Director of Placement and
Financial Aid to Director of Financial Aid, effective August
1, 1972.
Mrs. Almita Musick from Guidance Counselor to Placement Director,
effective August 1, 1972.
Dr. Baker Pattillo from Director of Placement and Financial Aid
to Dean of Student Services, effective August 1, 1972.
72-95
Upon motion of Regent Gray, seconded by Regent Todd, with all Regents
voting aye, it was ordered that the following budget adjustments for
1971-72 be approved:
Add $3,000 for Acct. 5180, Campus Security (Vehicle)
Add $18,000 for Acct. 1075, General Furniture Fund (Austin Bldg.)
72-96
Upon motion of Regent Tanner, seconded by Regent Maness, it was
ordered that the 1972-73 annual operating budget be amended to
provide for the payment of $10,000 instead of $5,000 to the presi
dent's salary from private sources.
72-97
Upon motion of Regent Thomas, seconded by Regent Todd, with all
Regents voting aye, it was ordered that the 1972-73 annual operating
budget for $17,203,218 of revenue and $16,832,566 of expenditures, as
amended in Minute Item No. 72-96, be approved as submitted under
separate cover.
72-98
Upon motion of Regent Thomas, seconded by Regent Todd, with all
Regents voting aye, it was ordered that the 1973-75 Biennial Legis
lative Request for Appropriations by Stephen F. Austin State University
be approved as submitted under separate cover, requesting a net general
revenue appropriation of $11,464,760 for 1974 and $12,175,154 for 1975.
14-13
14
72-99
Upon motion of Regent Gray, seconded by Regent Maness, with all Regents
voting aye, it was ordered that the following change orders to contracts
be approved and that the Chairman of the Board be authorized to sign the
change orders, as follows:
C. 0. No. Project Amount Purpose
1 Austin Bldg. Renovations $ 2,247.00 Flooring Replacement
4 Stadium 27,000.00 Solid Grass Sodding
2 Sv:.nming Pool Filter System 350.60 New Valves
1 Dorm 14 Air Cond. Controls 860.00 New Additional Controls
2 Library 7,486.00 Utilities Changes
72-100
Upon motion of Regent Todd, seconded by Regent Tanner, with all Regents
voting aye, it was ordered that the contract with Collegiate Recovery
and Credit Assistance Programs, Inc., be approved and that the Chairman
of the Board be authorized to sign the contract, as follows:
THE STATE OF TEXAS I
COUNTY OF DALLAS I KNOW ALL MEN BY THESE PRESENTS:
THIS CONTRACT, made and effective as of the date entered on the
last page of this contract by and between COLLEGIATE RECOVERY § CREDIT
ASSISTANCE PROGRAMS, INC. (hereinafter called "COLLEGIATE RECOVERY") and
THE BOARD OF REGENTS OF STEPHEN F. AUSTIN STATE UNIVERSITY acting through
the COMPTROLLER of the UNIVERSITY.
WITNESSETH:
WHEREAS CLIENT has unpaid accounts which it desires to have
collected, and COLLEGIATE RECOVERY is qualified to collect such accounts
and desires to handle such accounts as may be referred to it by CLIENT
for collection:
IT IS MUTUALLY AGREED AS FOLLOWS:
I.
COLLEGIATE RECOVERY agrees to accept for collection, upon the terms,
conditions and provisions herein set forth, such unpaid accounts as
CLIENT refers for collection; and further agrees to undertake to collect
all accounts referred by CLIENT through proper and lawful means, without
threats, intimidation or harassment of debtor, or without violation of
any of the guidelines established by the Federal Trade Commission.
II.
COLLEGIATE RECOVERY will remit to the CLIENT, by the tenth working
day following the end of each month, all monies due CLIENT: such re
mittances to be accompanied by monthly statements of collections paid
to COLLEGIATE RECOVERY and of collections paid directly to the CLIENT.
14-14
15
III.
The collection fee shall be thirty-three and one-third percent
(33-1/3%) of the total amount collected for the university. In cases
where the fee is added to the account, the fee shall be 25% of the total
amount collected9 which fee shall be the sole consideration paid
COLLEGIATE RECOVERY. CLIENT shall not be liable for any costs or
expenses incurred by COLLEGIATE RECOVERY in the collection of accounts.
Further, COLLEGIATE RECOVERY will not be paid any fee unless and until
collection from the debtor is made.
IV.
COLLEGIATE RECOVERY shall not have any authority to file suit to
collect any account referred by CLIENT. After every effort has been
made by COLLEGIATE RECOVERY to collect an account, without success,
COLLEGIATE RECOVERY may then recommend to CLIENT that suit for
collection be filed; but written authority to file suit must be received
from CLIENT prior to the filing of any suit on any account.
V.
COLLEGIATE RECOVERY has and agrees to keep in full force and
effect for the duration of this contract plus ninety (90) days there
after a blanket bond to protect CLIENT from any loss through failure
of COLLEGIATE RECOVERY or any of its employees to reimburse CLIENT
for its share of monies collected.
VI.
CLIENT agrees to have advised debtor in writing, before turning
the account over to COLLEGIATE RECOVERY for collection, regarding the
delinquency of the account and the consequences of failure to make
payment.
VII.
A. In the case of a debt being reduced by teacher cancellation,
no charge will be made for services rendered.
B. In the case of a debt being cancelled by death or permanent
disability, COLLEGIATE RECOVERY shall return the account to the CLIENT
when proof is available, at no charge.
VIII.
CLIENT shall not knowingly turn over to COLLEGIATE RECOVERY for
collection any account where debtor is serving in the Armed Forces,
the Peace Corps, or VISTA. Should this be done, COLLEGIATE RECOVERY
will return any such account to CLIENT without charge.
14-15
16
IX.
COLLEGIATE RECOVERY agrees to implement thorough collection
procedures in its attempts to achieve maximum recovery on accounts
referred to it for collection, including all penalties or costs of
collection required to be borne by the debtor if provided for in
the promissory note and/or loan agreement evidencing debtor's obligation.
Such procedures shall include; a reasonable number of telephone calls;
no less than f^e (5) mail attempts; skip tracing whenever necessary;
reasonable attempts to ascertain debtor's assets for the satisfaction
of a judgment.
X.
This Contract may be canceled by either party upon sixty (60)
days notice in writing to the other party, to the address shown here-inbelow.
XI.
This Contract expresses fully the understanding between the parties
and all prior understandings are hereby canceled. No future changes
in the terms of this Contract shall be valid except when and if reduced
to writing and signed by both parties hereto or by legally authorized
officials.
XII.
Further Provisions:
(A) CLIENT has the option to recall any collection account for
any legitimate reason by written request to COLLEGIATE RECOVERY.
(B) Progress reports, as reasonably requested by CLIENT, will
be sent direct to CLIENT.
(C) Receipt of all monies collected by or paid directly to CLIENT
shall be acknowledged by CLIENT to COLLEGIATE RECOVERY within ten (10)
days of receipt thereof, for the purpose of fee billing.
(D) The latest known address of any collection account returned
because of cancellation or deferment shall be furnished to CLIENT.
XIII.
All terms and conditions of this Contract shall be governed by and
interpreted under the laws of the State of Texas .
Witness the signatures of the parties on this the 29 day of July,
A. D. 1972.
ATTEST: COLLEGIATE RECOVERY § CREDIT
ASSISTANCE PROGRAMS, INC.
By / s/ Arnold G. Tate
President 14-16
17
ACCEPTED AND AGREED TO:
ATTEST:
By /s/ C. G. Haas
Secretary
314 Carter Towers
351 W. Jefferson Blvd.
Dallas, Texas 75208
Telephone: (214) 948-3121
Stephen F. Austin State University
By /s/ R. E. McGee
Chairman of Board of Regents
APPROVED AS TO FORM:
By /s/ John Reeves
Assistant Attorney General
of Texas
72-101
Upon motion of Regent Tanner, seconded by Regent Todd, with all Regents
voting aye, it was ordered that Golemon § Rolfe, architectural firm, be
designated the architect for the design and supervision of construction
of two classroom buildings and that a contract be drawn and the Chairman
of the Board authorized to sign the contract as follows:
14-17
18
CONTRACT
STATE OF TEXAS
COUNTY OF NACOGDOCHES
This AGREEMENT made this 29th day of July in the year of
Nineteen Hundred and Seventy-two
BETWEEN
STEPHEN F. AUSTIN STATE UNIVERSITY,
Nacogdoches County, Texas, the Owner, and
GOLEMON & ROLFE, ARCHITECTS
5100 Travis Street
Houston, Texas, the Architect.
It is the intention of the Owner to construct two classroom
buildings on the Stephen F. Austin State University Campus, Nacogdoches,
Texas, the second classroom building to be a mirror image of the first in
basic layout and exterior appearance, differing from the first only in minor
variations in interior partition arrangement, hereinafter referred to as
the Project.
The Owner and the Architect agree as set forth below.
I. The Architect shall provide professional services for the Project in ■-
accordance with the Terms and Conditions of this Agreement.
1.
14-18
19
II. The Owner shall compensate the Architect, in accordance with the
Terms and Conditions of this Agreement, as follows:
A. For the Architect's Basic Services as described in Paragraph
!• 1> a Professional Fee of fourty-five thousand dollars
($45, 000. ) plus the Architect's Cost computed as follows:
1. The time of the Architect's personnel computed at a
multiple of two and three^tenths (2. 3) times Direct Personnel
Expense as defined in Article 4, plus
2. The services of professional consultants at the amount
billed to the Architect by the consultants for such services,
plus
3. Other expenses of the Architect including
a. Transportation and living when traveling to and from
the Architects or Professional Consultants office and
the project site including the use of privately owned
automobiles at 15£ per mile.
b. Long distance telephone calls and telegrams.
c. Nonreimbursable printing and reproduction expense
and drafting and miscellaneous supplies.
The Architect's Cost shall not exceed One Hundred Fifty Seven
Thousand Five Hundred Dollars ($157, 500. ).
B. For the Architect's Additional Services as described in Article
1. 3 a sum computed as follows:
2.
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1. The time of the Architect's personnel computed at a
multiple of two and five-tenths (2. 5) times Direct
Personnel Expense as defined in Article 4, plus
2. The services of Professional Consultants at a multiple
of one and one-tenth (1.1) times the amount billed to
the Architect by the consultants for such services.
C. I£ the scope of the Project is changed materially, the
Professional Fee and the maximum for Architect's Cost as
set forth in Paragraph IIA shall be adjusted by mutual
consent.
The rates and multiples set forth in Paragraph IIB will be
subject to renegotiation if the services covered by this
Agreement have not been completed within thirty (30)
months of the date hereof.
D. For the Architect's Reimbursable Expenses, amounts
expended as defined in Article 5.
E. The times and further conditions of payment shall be as
described in Article 6.
3.
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ARTICLE 1
ARCHITECT'S SERVICES
1. 1 BASIC SERVICES
The Architects Basic Services consist of the five phases
described below and include normal structural, mechanical
and electrical engineering services.
SCHEMATIC DESIGN PHASE
1. 1. 1 The Architect shall consult with the Owner to ascertain the
requirements of the Project and shall confirm such requirements to the
Owner.
1. 1.2 The Architect shall prepare Schematic Design Studies consisting
of drawings and other documents illustrating the scale and relationship
of Project components for approval by the Owner.
1.1.3 The Architect shall submit to the Owner a Statement of Probable
Construction Cost based on current area, volume or other unit costs.
DESIGN DEVELOPMENT PHASE
1. 1.4 The Architect shall prepare from the approved Schematic Design
Studies, for approval by the Owner, the Design Development Documents
consisting of drawings and other documents to fix and describe the size
and character of the entire Project as to structural, mechanical and
electrical systems, materials and such other essentials as may be
appropriate.
1.1.5 The Architect shall submit to the Owner a further Statement of
Probable Construction Cost.
4.
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CONSTK.UCTION DOCUMENTS PHASE
1.1.6 The Architect shall prepare from the approved Design
Development Documents, for approval by the Owner, Working Drawings
and Specifications setting forth in detail the requirements for the '
construction of the entire Project including the necessary bidding
information, and shall assist in the preparation of bidding forms, the
Conditions of the Contract, and the form of Agreement between the Owner
and the Contractor.
1.1.7 The Architect shall advise the Owner of any adjustments to
previous Statements of Probable Construction Cost indicated by changes
in requirements or general market conditions.
1. 1. 8 The Architect shall assist the Owner in filing the required
documents for the approval of governmental authorities having
jurisdiction over the Project.
BIDDING OR NEGOTIATION PHASE
1. 1. 9 The Architect, following the Owner's approval of the
Construction Documents and of the latest Statement of Probable Con
struction Cost, shall assist the Owner in obtaining bids or negotiated
proposals, and in awarding and preparing construction contracts.
CONSTRUCTION PHASE-ADMINISTRATION
OF THE CONSTRUCTION CONTRACT
1. 1. 10 The Construction Phase will commence with the award of the
Construction Contract and will terminate when the final Certificate for
Payment is issued to the Owner.
5.
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1. 1. 11 The Architect shall provide Administration of the Construction
Contract as set forth in Articles 1 through 14 inclusive of the latest
edition of AIA Document A201, General Conditions of the Contract for
Construction, and the extent of his duties and responsibilities and the
limitations of his authority as assigned thereunder shall not be modified
without his written consent.
1. 1. 12 The Architect, as the representative of the Owner during the
Construction Phase, shall advise and consult with the Owner and all of
the Owner's instructions to the Contractor shall be issued through the
Architect. The Architect shall have authority to act on behalf of the
Owner to the extent provided in the General Conditions unless otherwise
modified in writing.
1. 1. 13 The Architect shall at all times have access to the Work wherever
it is in preparation or progress.
1. 1. 14 The Architect shall provide a full-time project representative
who will familiarize himself generally with the progress and quality of
the Work and to determine in general if the Work is proceeding in
accordance with the Contract Documents. On the basis of his on-site
observations as an architect, he shall endeavor to guard the Owner
against defects.and deficiencies in the Work of the Contractor. The
Architect shall not be required to make exhaustive or continuous on-site ^
inspections to check the quality or quantity of the Work. The Architect
shall not be responsible for construction means, methods, techniques,
sequences or procedures, or for safety precautions and programs in
6.
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connection with the Work, and he shall not be responsible for the
Contractor's failure to carry out the Work in accordance with the
Contract Documents.
1. 1. 15 Based on such observations at the site and on the Contractor's
Applications for Payment, the Architect shall determine the amount
owing to the Contractor and shall issue Certificates for Payment in such
amounts. The issuance of a Certificate for Payment shall constitute a
representation by the Architect to the Owner, based on the Architect's
observations at the site as provided in Subparagraph 1. 1. 14 and the data
comprising the Application for Payment, that the Work has progressed
to the point indicated; that to the best of the Architect's knowledge,
information and belief, the quality of the Work is in accordance with the
Contract Documents (subjectto an evaluation of the Work for conformance
with the Contract Documents upon Substantial Completion, to the results
of any subsequent tests required by the Contract Documents, to minor
deviations from the Contract Documents correctable prior to completion,
and to any specific qualifications stated in the Certificate for Payment);
and that the Contractor is entitled to payment in the amount certified. By
issuing a Certificate for Payment, the Architect shall not be deemed to
represent that he has made any examination to ascertain how and for what
purpose the Contractor has used the moneys paid on account of the Contract
Sum.
1. 1. 16 The Architect shall be, in the first instance, the interpreter of
the requirements of the Contract Documents and the impartial judge of the
7.
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performance thereunder by both the Owner and Contractor. The Architect
shall make decisions on all claims of the Owner or Contractor relating
to the execution and progress of the Work and on all other matters or
questions related thereto. The Architect's decisions in matters relating
to artistic effect shall be final if consistent with the intent of the Contract
Documents.
1. 1. 17 The Architect shall have authority to reject Work which does not
conform to the Contract Documents. Whenever, in his reasonable opinion,
he considers it necessary or advisable to insure the proper implementation
of the intent of the Contract Documents, he will have authority to require
special inspection or testing of any Work in accordance with the provisions
of the Contract Documents whether or not such Work be then fabricated,
installed or completed.
1. 1. 18 The Architect shall review and approve shop drawings, samples,
and other submissions of the Contractor only for conformance with the
design concept of the Project and for compliance with the information
given in the Contract Documents.
1. 1. 19 The Architect shall prepare Change Orders.
1. 1. 20 The Architect shall conduct inspections to determine the Dates
of Substantial Completion and final completion, shall receive and review
written guarantees and related documents assembled by the Contractor,
and shall issue a final Certificate for Payment.
8. 14-25
26
1. 1. 21 The* Architect shall not be responsible for the acts or omissions
of the Contractor, or any Subcontractors, or any of the Contractor's or
Subcontractors' agents or employees, or any other persons performing
any oi' the Work.
1.2 Omitted
1. 3 ADDITIONAL SERVICES
If any of the following Additional Services are authorized by the
Owner, they shall be paid for by the Owner as hereinbefore
provided.
1.3.1 Providing special analyses of the Owner's needs, and programming
the requirements of the Project.
1. 3. 2 Providing financial feasibility or other special studies.
1. 3. 3 Providing planning surveys, site evaluations, or comparative
studies of prospective sites.
1.3.4 Providing design services relative to future facilities, systems
and equipment which are not intended to be constructed as part of the
Project.
1. 3.5 Providing services to investigate existing conditions or facilities
or to make measured drawings thereof, or to verify the accuracy of
drawings or other information furnished by the Owner.
1. 3. 6 Preparing documents for alternate bids or out-of-sequence
services requested by the Owner.
1. 3. 7 Providing Detailed Estimates of Construction Cost or detailed
quantity surveys or inventories of material, equipment and labor.
9.
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1« 3.8 Providing interior design and other services required for or in
connection with the selection of furniture and furnishings.
1. 3. 9 Providing services for planning tenant or rental spaces.
1.3.10 Making major revisions in Drawings, Specifications or other
documents when such revisions are inconsistent with written approvals
or instructions previously given and are due to causes beyond the control
of the Architect.
1.3, 11 Making investigations involving detailed appraisals and
valuations of existing facilities, and surveys or inventories required in
connection with construction performed by the Owner.
1. 3. 12 Providing consultation concerning replacement of any Work
cUimaged by fire or other cause during construction, and furnishing
professional services of the type set forth in Paragraph 1. 1 as may be
required in connection with the replacement of such Work.
1. 3. 13 Providing professional services made necessary by the default
of the Contractor or by major defects in the Work of the Contractor in
the performance of the Construction Contract.
1. 3. 14 Preparing a set of reproducible record prints of drawings
showing significant changes in the Work made during the construction
process, based on marked-up prints, drawings and other data furnished
by the Contractor to the Architect.
1. 3. 15 Providing extensive assistance in the utilization of any equipment
or system such as initial start-up or testing, adjusting and balancing,
preparation of operating and maintenance manuals, training personnel for
operation and maintenance, and consultation during operation.
10.
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1.3. 16 Hrovidmg Contract Admin 1st rat ion and observation of
construct'!.on after the Construction Contract Time has been exceeded
or extended by more than 30 days through no fault of the Architect.
1. 3. 17 Providing services after issuance to the Owner of the final
Certificate for Payment.
1.3. 18 Preparing to serve or serving as an expert witness in connection
with any public hearing, arbitration proceeding or legal proceeding.
1.3.19 Providing services of professional consultants for other than the
normal structural, mechanical and electrical engineering services for
the Project.
1. 3. 20 Providing any other services not otherwise included in this
Agreement or not customarily furnished in accordance with generally
accepted architectural practice.
1. 3. 21 Providing drawings and/or other documents for foundation
redesign due to unforeseen conditions or for major changes in partition
layout or space usage.
1. 3. 22 Providing a full-time project representative for a period longer
than 18 months from the start of construction. Such additional costs
shall be borne one-half by the Architect and one-half by the Owner.
1.3.23 Preparing drawings and/or other documents as may be required
by governmental authorities, private utility companies, or other outside
parties, which are in addition to the normal contract documents required
to obtain a bona fide Contractor's bid for the construction of this Project.
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1. 3*24 Providing consultation in the determination of liquidated damages
due from the Contractor in the event that the conditions warrant such
action.
ARTICLE 2
THE OWNER'S RESPONSIBILITIES
2. 1 The Owner shall provide full information regarding his require
ments for the Project.
2.2 The Owner shall designate, when necessary, a representative
authorized to act in his behalf with respect to the Project, The Owner
or his representative shall examine documents submitted by the
Architect and shall render decisions pertaining thereto promptly, to
avoid unreasonable delay in the progress of the Architect's work.
2. 3 The Owner shall furnish a certified land survey of the site giving,
as applicable, grades and lines of streets, alleys, pavements and
adjoining property; rights-of-way, restrictions, easements, encroachments,
zoning, deed restrictions, boundaries and contours of the site; locations,
dimensions and complete data pertaining to existing buildings, other
improvements and trees; and full information concerning available service
and utility lines both public and private, above and below grade, including
inverts and depths,
2.4 The Owner shall furnish the services of a soils engineer or other
consultant when such services are deemed necessary by the Architect,
including reports, test borings, test pits, soil bearing values, percolation
tests, air and water pollution tests, ground corrosion and resistivity tests
12. 1429
30
and other necessary operations for determining subsoil, air and water
conditions, with appropriate professional interpretations thereof.
2. r> The Owner shall furnish structural, mechanical, chemical and
other laboratory tests, inspections and reports as required by law or
the Contract Documents.
2. 6 The Owner shall furnish such legal, accounting, and insurance
counselling services as may be necessary for the Project, and such
auditing services as he may require to ascertain how or for what
purposes the Contractor has used the moneys paid to him under the
Construction Contract.
2. 7 The services, information, surveys and reports required by
Paragraphs 2. 3 through 2. 6 inclusive shall be furnished at the Owner1 s
expense, and the Architect shall be entitled to rely upon the accuracy
and completeness thereof.
2.8 If the Owner observes or otherwise becomes aware of any fault
or defect in the Project or non-conformance with the Contract Documents,
he shall give prompt written notice thereof to the Architect.
2. 9 The Owner shall furnish information required of him as expeditiously
as necessary for the orderly progress of the Work.
ARTICLE 3
CONSTRUCTION COST
3. 1 The Construction Cost shall be the total cost or estimated cost to
the Owner of all Work designed or specified by the Architect, and shall
be determined as follows, with precedence in the order listed:
13- 14-30
31
.i. 1* 1 For completed construction, the total cost of all such Work.
3.1.2 For Work not constructed, (1) the lowest bona fide bid received
f rum a qualified bidder for any or all of such Work, or (2) if the Work is
not bid, the bona fide negotiated proposal submitted for any or all of such
Work; or
3. 1. 3 For Work for which no such bid or proposal is received, (1) the
latest Detailed Estimate of Construction Cost if one is available, or (2) the
latest Statement of Probable Construction Cost.
3. 2 Construction Cost does not include the compensation of the Architect
and consultants, the cost of the land, rights-of-way, or other costs which
are the responsibility of the Owner as provided in Paragraphs 2. 3 through
2. 6 inclusive.
3. 3 Labor furnished by the Owner for the Project shall be included in
the Construction Cost at current market rates including a reasonable
allowance for overhead and profit. Materials and equipment furnished by
the Owner shall be included at current market prices, except that used
materials and equipment shall be included as if purchased new for the
Project.
3.4 Statements of Probable Construction Cost and Detailed Cost
Estimates prepared by the'Architect represent his best judgment as a design
professional familiar with the construction industry. It is recognized,
however, that neither the Architect nor the Owner has any control over
the cost of labor, materials or equipment, over the contractors' methods
of determining bid prices, or over competitive bidding or market
14< 14-31
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conditions. Accordingly, the Architect cannot and does not guarantee
that birls will not. vary from any Statement of Probable Construction Cost
or other cost estimate prepared by him.
3. 5 When a fixed limit of Construction Cost is established as a condition
of this Agreement, it shall include a bidding contingency of ten percent
unless another amount is agreed upon in writing. When such a fixed
limit is established, the Architect shall be permitted to determine what
materials, equipment, component systems and types of construction are
to be included in the Contract Documents, and to make reasonable
adjustments in the scope of the Project to bring it within the fixed limit.
The Architect may also include in the Contract Documents alternate bids
to adjust the Construction Cost to the fixed limit.
3.5.1 If the lowest bona fide bid or negotiated proposal, the Detailed
Cost Estimate or the Statement of Probable Construction Cost exceeds
such fixed limit of Construction Cost (including the bidding contingency)
established as a condition of this Agreement, the Owner shall (1) give
written approval of an increase in such fixed limit, (2) authorize rebidding
the Project within a reasonable time, or (3) cooperate in revising the
Project scope and quality as required to reduce the Probable Construction
Cost. In the case of (3) the Architect, without additional charge, shall
modify the Drawings and Specifications as necessary to bring the
Construction Cost within the fixed limit. The providing of such service
shall be the limit of the Architect's responsibility in this regard, and
having done so, the Architect shall be entitled to compensation in
accordance with this Agreement.
15. 14-32
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33
ARTICLE 4
DIRECT PERSONNEL EXPENSE
4. 1 Personnel engaged on the Project by the Architect includes
architects, engineers, designers, job captains, draftsmen, specificati
writers and typists, in consultation, research and design, in producing
Drawings, Specifications and other documents pertaining to the Project,
and in services during construction at the site.
4. 2 Direct Personnel Expense includes cost of salaries and of
mandatory and customary benefits such as statutory employee benefits,
insurance, sick leave, holidays and vacations, pensions and similar
benefits.
ARTICLE 5
REIMBURSABLE EXPENSES
5. 1 Reimbursable Expenses are in addition to the Compensation for
Basic and Additional Services and include actual expenditures made by
the Architect, his employees, or his professional consultants in the
interest of the Project for the expenses listed in the following Sub-paragraphs:
5. 1. 1 Expense of transportation and living when traveling in connection
with the Project except travel to and from the Architect's or Professional
Consultant's office and the project site; and fees paid for securing approval
of authorities having jurisdiction over the Project.
5. 1. 2 Expense of reproductions, postage and handling of Drawings and
Specifications excluding duplicate sets at the completion of each Phase for
the Owner's review and approval.
16- 14-33
34
5. 1. 3 If authorized in advance by the Owner, expense of overtime work
requiring higher than regular rates and expense of renderings or models
for the Owner1 s use.
5. 1.4 Expense of computer time when used in connection with Additional
Services.
ARTICLE 6
PAYMENTS TO THE ARCHITECT
6. 1 Payments on account of the Architect's Professional Fee shall be
made as follows:
6. 1. 1 Payments of the Professional Fee shall be made monthly in
proportion to services performed so that the total payments on account
of the Professional Fee at the completion of each Phase of the Architect's
Services shall equal the following percentages:
Schematic Design Phase 15%
Design Development Phase 35%
Construction Documents Phase 75%
Bidding or Negotiation Phase 80%
Construction Phase 100%
6. 2 Payments for time of Architect's personnel and services of
professional consultants as provided in Paragraphs HA, and IIB, (pages
2 and 3) and for Reimbursable Expenses as defined in Article 5 shall be
made monthly upon presentation of the Architect's statement of services
rendered.
6. 3 No deductions shall be made from the Architect's compensation on
account of penalty, liquidated damages, or other sums withheld from
payments to contractors.
17.
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6.4 If the Project is suspended for more than three months or abandoned
in whole or in part, the Architect shall be paid his compensation for
services performed prior to receipt of written notice from the Owner of
such suspension or abandonment, together with Reimbursable Expenses
then due and all terminal expenses resulting from such suspension or
abandonment. If the Project is resumed after being suspended for more
than three months, the Architects Compensation shall be subject to
renegotiation.
6. 5 Payments due the Architect under this Agreement shall bear interest
at the legal rate commencing sixty days after the date of billing.
ARTICLE 7
ARCHITECT'S ACCOUNTING RECORDS
Records of the Architect's Direct Personnel, Consultant and Reimbursable
Expenses pertaining to the Project shall be kept on a generally recognized
accounting basis and shall be available to the Owner or his authorized
representative at mutually convenient times.
ARTICLE 8
TERMINATION OF AGREEMENT
This Agreement may be terminated by either party upon seven days1 written
notice should the other party fail substantially to perform in accordance
with its terms through no fault of the other. In the event of termination
due to the fault of others than the Architect, the Architect shall be paid his
compensation for services performed to termination date, including
Reimbursable Expenses then due and all terminal expenses.
18. 14-35
36
ARTICLE 9
OWNERSHIP OF DOCUMENTS
Drawings and Specifications as instruments of service are and shall,
remain the property of the Architect whether the Project for which they are
made is executed or not. They are not to be used by the Owner on other
projects or extensions to this Project except by agreement in writing and
with appropriate compensation to the Architect,
ARTICLE 10
SUCCESSORS AND ASSIGNS
The Owner and the Architect each binds himself, his partners, successors,
assigns and legal representatives to the other party to this Agreement and
to the partners, successors, assigns and legal representatives of such
other party with respect to all covenants of this Agreement. Neither the
Owner nor the Architect shall assign, sublet or transfer his interest in
this Agreement without the written consent of the other,
ARTICLE 11
ARBITRATION
11.1 All claims, disputes and other matters in question arising out of,
or relating to, this Agreement or the breach thereof shall be decided by
arbitration in accordance with the Construction Industry Arbitration Rules
of the American Arbitration Association then obtaining unless the parties
mutually agree otherwise. This agreement to arbitrate shall be specifically
enforceable under the prevailing arbitration law.
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11. 2 Notice of the demand for arbitration shall be filed in writing with
the other party to this Agreement and with the American Arbitration
Association. The demand shall be made within a reasonable time after
the claim, dispute or other matter in question has arisen. In no event
shall the demand for arbitration be made after the date when institution
of legal or equitable proceedings based on such claim, dispute or other
matter in question would be barred by the applicable statute of limitations.
11.3 The award rendered by the arbitrators shall be final, and judgment
may be entered upon it in accordance with applicable law in any court
having jurisdiction thereof.
ARTICLE 12
EXTENT OF AGREEMENT
This Agreement represents the entire and integrated agreement between
the Owner and the Architect and supersedes all prior negotiations,
representations or agreements, either written or oral. This Agreement
may be amended only by written instrument signed by both Owner and
Architect.
ARTICLE 13
GOVERNING LAW
Unless otherwise specified, this Agreement shall be governed by the
law of the principal place of business of the Architect.
20.
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This Agreement executed the day and year first written above.
SEAL THE BOARD OF REGENTS OF
STEPHEN F. AUSTIN STATE
UNIVERSITY
ATTES
C. G. Haas, Secretary R. E. McGee, Chairman
GOLEMON & ROLFE, ARCHITECTS
Harry/^i Golemon, Partner
Texa£ No. 2052
21.
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72-102
Upon motion of Regent Tanner, seconded by Regent Todd, with all Regents
voting aye, it was ordered that Wilson, Morris, Grain § Anderson,
architectural firm, be designated the architect for the design and super
vision of construction of a coliseum and that a contract be drawn and
the Chairman of the Board authorized to sign the contract, as follows:
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ARCHITECT OWNER AGREEMENT
Architect Owner Agreement made this 29th day of July in the year of Nineteen
Hundred and Seventy Two between Stephen F. Austin State University,the Owner,
and Wilson, Morris, Crain & Anderson,A.I. A.,the Architect, entered into in
the State of Texas, County of Nacogdoches.
It is the intention of the Owner to construct a Basketball Field House for
approximately 7500 spectators hereinafter referred to as the Project.
The Owner and the Architect agree as set forth below.
I. The Architect shall provide professional services for the Project in
accordance with the Terms and Conditions of this Agreement.
II. The Owner shall compensate the Architect, in accordance with the
Terms and Conditions of this Agreement, as follows:
a. For the Architect's Basic Services, as described in Paragraph
1.1, Basic Compensation computed at the following percentage
of the Construction Cost, as defined in Article 3, for portions
of the Project to be awarded under a Single Stipulated Sum
Contract of 6.67 per cent.
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b. For the Architect's Additional Services, as described in Paragraph
1.3, compensation computed as follows:
Employees and partners time computed at a multiple of 2.25
times the employees1 Direct Personnel Expense as defined in
Article 4. No rates shall exceed $35.00 per hour. Additional
services of professional consultants engaged for the normal structural,
mechanical and electrical engineering services at direct cost.
c. For the Architect's Reimbursable Expenses, amounts expended as
defined in Article 5.
d. The Times and Further Conditions of Payment shall be as described
in Article 6.
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TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT
ARTICLE 1
ARCHITECT'S SERVICES
1.1 BASIC SERVICES
The Architect's Basic Services consist of the five phases described
below and include normal structural, mechanical and electrical
engineering services.
SCHEMATIC DESIGN PHASE
1.1.1 The Architect shall consult with the Owner to ascertain the requirements
of the Project and shall confirm such requirements ot the Owner.
1.1.2 The Architect shall prepare Schematic Design Studies consisting of
drawings and other documents illustrating the scale and relationship of Project
components for approval by the Owner.
1.1.3 The Architect shall submit to the Owner a Statement of Probable
Construction Cost based on current area, volume or other unit costs.
DESIGN DEVELOPMENT PHASE
1.1.4 The Architect shall prepare from the approved Schematic Design Studies,
for approval by the Owner, the Design Department Documents consisting of drawings
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and other documents to fix and describe the size and character of the entire
Project as to structural, mechanical and electrical systems, materials and
such other essentials as may be appropriate.
1.1.5 The Architect shall submit to the Owner a further Statement of Probable
Construction Cost.
CONSTRUCTION DOCUMENTS PHASE
1.1.6 The Architect shall prepare from the approved Design Development
Documents, for approval by the Owner, Working Drawings and Specifications
setting forth in detail the requirements for the construction of the entire Project
including the necessary bidding information, and shall assist in the preparation
of bidding forms, the Conditions of the Contract, and the form of Agreement
between the Owner and the Contractor.
1.1.7 The Architect shall advise the Owner of any adjustments to previous
Statements of Probable Construction Cost indicated by changes in requirements
or general market conditions. '
1.1.8 The Architect shall assist the Owner in filing the required documents
for the approval of governmental authorities having jurisdiction over the Project.
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BIDDING OR NEGOTIATION PHASE
1.1.9 The Architect, following the Owner's approval of the Construction
Documents and of the latest Statement of Probable Construction Cost, shall
assist the Owner in obtaining bids or negotiated proposals, and in awarding
and preparing construction contracts.
CONSTRUCTION PHASE - ADMINISTRATION OF THE CONSTRUCTION CONTRACT
1.1.10 The Construction Phase will commence with the award of the Construction
Contract and will terminate when the final Certificate for Payment is issued to the
Owner.
1.1.11 The Architect shall provide Administration of the Construction Contract
as set forth in Articles 1 through 14 inclusive of the latest edition of AIA Document
A201, General Conditions of the Contract for Construction, and the extent of his
duties and responsibilities and the limitations of his authority as assigned thereunder
shall not be modified without his written consent.
1.1.12 The Architect, as the representative of the Owner during the Construction
Phase, shall advise and consult with the Owner and all of the Owner's instructions
to the Contractor shall be issued through the Architect. The Architect shall have
authority to act on behalf of the Owner to the extent provided in the General
Conditions unless otherwise modified in writing.
1.1.13 The Architect shall at all times have access to the Work wherever it is in
preparation or progress.
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K1.14 The Architect shall make periodic visits to the site to familiarize himself
generally with the progress and quality of the Work and to determine In general if
the Work is proceeding in accordance with the Contract Documents. On the basis
of his on-site observations as an architect, he shall endeavor to guard the Owner
against defects and deficiencies in the Work of the Contractor. The Architect
shell be required to make exhaustive or continuous on-site inspections to check
the quality or quantity of the Work. The Architect shall not be responsible for
•construction means, methods, techniques, sequences or procedures, or for safety
precautions and programs in connnection with the Work, and he shall not be
-responsible for the Contractor's failure to carry out the Work in accordance with
the Contract Documents.
1.1#15 Based on such observations at the site and on the Contractor's Applications
for Payment, the Architect shall determine the amount owing to the Contractor and
shall issue Certificates for Payment in such amounts. The issuance of a Certificate
Jbr Payment shall constitute a representation by the Architect to the Owner, based
on the Architect's observations at the site as provided in Subparagraph 1.1.14 and
on the data comprising the Application for Payment, that the Work has progressed
♦o the point indicated; that to the best of the Architect's knowledge, information
-ttnd belief, the quality of the Work is in accordance with the Contract Documents
{subject to an evaluation of the Work for conformance with the Contract Documents
opon Substantial Completion, to the results of any subsequent tests required by the
Contract Documents, to minor deviations from the Contract Documents correctable
prior to completion, and to any specific qualifications stated in the Certificate
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for Payment^ and that the Contractor is entitled to payment in the amount certified.
By issuing a Certificate for Payment, the Architect shall not be deemed to represent
fhat he has made any examination to ascertain how and for what purpose the
Contractor has i ;od the moneys paid on account of the Contract Sum.
1.1.16 The Architect shall be, in the first instance, the interpreter of the require
ments of the Contract Documents and the impartial judge of the performance there
under by both the Owner and Contractor. The Architect shall make decisions on all
claims of the Owner or Contractor relating to the execution and progress of the Work
and on all other matters or questions related thereto. The Architect's decisions in
matters relating to artistic effect shall be final if consistent with the intent of the
Contract Documents.
1.1.17 The Architect shall have authority to reject Work which does not conform
to the Contract Documents. Whenever, in his reasonable opinion, he considers it
necessary or advisable to insure the proper implementation of the intent of the Contract
Documents, he will have authority to require special Inspection or testing of any Work
in accordance with the provisions of the Contract Documents whether or not such
Work be then fabricated, installed or completed.
1.1.18 The Architect shall review and approve shop drawings, samples, and other
submissions of the Contractor only for conformance with the design concept of the
Project and for compliance with the information given in the Contract Documents.
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It;! .19 The Architect shall prepare Change Orders.
1.1.20 The Architect shall conduct inspections to determine the Dates of
Substantial Completion and final completion, shall receive and review written
guarantees and related documents assembled by the Contractor, and shall issue
a final Certificate for Payment.
! .1,21 The Architect shall not be responsible for the acts or omissions of the
Contractor, or any Subcontractors, or any of the Contractor's or Subcontractors1
agents or employees, or any other persons performing any of the Work.
1.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES
1.2,1 The Architect shall employ one Full-Time Project Representative to assist
the Architect, and he shall be on the job at all times.
1.2.2 Such Full-Time Project Representatives shall be selected, employed and
directed by the Architect, and the Architect shall not be paid additional
compensation by the Owner for this service, ' - * ■ • *
1.2.3 The duties, responsibilities and limitations of authority of such Full-Time
Project Representatives shall be the responsibility of the Architect* •*-
1.2.4 Through the on-site observations by Full-Time Project Representatives of
the Work in progress, the Architect shall endeavor to provide further protection for
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ihe Owner against defects in the Work, but the furnishing of such project
representation shall not make the Architect responsible for construction means,
methods, techniques, sequences or procedures, or for safety precautions and
programs, or for the Contractor's failure to perform the Work in accordance
with the Contract Documents.
1.3 ADDITIONAL SERVICES
If any of the following Additional Services are authorized by the
Owner, they shall be paid for by the Owner as hereinbefore provided.
1.3.1 Providing special analyses of the Owner's needs, and programming the
the requirements of the Project.
1.3.2 Providing financial feasibility or other special studies.
1.3.3 Providing planning surveys, site evaluations, or comparative studies
of prospective sites.
1.3.4 Providing design services relative to future facilities, systems and
equipment which are not intended to be constructed as part of the Project.
1.3.5 Providing services to investigate existing' conditions or facilities or to
make measured drawings thereof, or to verify the accuracy of drawings or other
information furnished by the Owner.
1.3.6 Preparing rbcuments for alternate bids or out-of-sequence services requested
by the Owner.
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1.3.7 Providing Detailed Estimates of Construction Cost or detailed quantity
surveys or inventories of material, equipment and labor.
1.3.8 Providing interior design and other services required for or fn
connection with me selection of furniture and furnishings*
K3.9 Providing services for planning tenant or rental spaces.
1.3.10 Making major revisions in Drawings, Specifications or other documents
when such revisions are inconsistent with written approvals or instructions previously
given and are due to causes beyond the control of the Architect.
1 .3.11 Preparing supporting data and other services in connection with Change
Orders if the change in the Basic Compensation resulting from the adjusted Contract
Sum is not cummensurate with the services required of the Architect.
1.3.12 Making investigations involving detailed appraisals and valuations of
existing facilities, and surveys or inventories required in connection with con
struction performed by the Owner.
1.3.13 Providing consultation concerning replacement of any Work damaged by
fire or other cause during construction, and furnishing professional services of the
type set forth in Paragraph 1.1 as may be required in connection with the replacement
of such Work.
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1.3.14 Providing professional services made necessary by the default of the
Contractor or by major defects in the Work of the Contractor in the performance
of the Construction Contract,
1.3.15 Preparing a set of reproducible record prints of drawings showing
significant changes in the Work made during the construction process, based
on marked-up prints, drawings and other data furnished by the Contractor to
the Architect.
1.3.16 Providing extensive assistance in the utilization of any equipment or
system such as initial start-up or testing, adjusting and balancing, preparation
of operating and maintenance manuals, training personnel for operation and
maintenance, and consultation during operation.
1.3.17 Providing Contract Administration and observation of construction
after the Construction Contract Time has been exceeded or extended by more
than 30 days through no fault of the Architect.
1.3.18 Providing services after issuance to the Owner of the final Certificate
for Payment.
1.3.19 Preparing to serve or serving as an expert witness in connection with
any public hearing, arbitration proceeding or legal proceeding.
1.3.20 Providing services of professional consultants for other than the normal
structural, mechanical and electrical engineering services for the Project.
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1.3.21 Providing any other services not otherwise included in this Agreement
or not customarily furnished in accordance with generally accepted architectural
practice.
ARTICLE 2
THE OWNER'S RESPONSIBILITIES
2.1 The Owner shall provide full information regarding his requirements
for the Project.
2.2 The Owner shall designate, when necessary, a representative authorized
to act in his behalf with respect to the Project. The Owner or his representative
shall examine documents submitted by the Architect and shall render decisions
pertaining thereto promptly, to avoid unreasonable delay in the progress of the
Architect's work.
2.3 The Owner shall furnish a certified land survey of the site giving, as
applicable, grades and lines of streets, alleys, pavements and adjoining property;
rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions,
boundaries and contours of the site; locations dimensions and complete data
pertaining to existing buildings, other improvements and trees; and full informa
tion concerning available service and utility lines both public and private, above
and below grade, including inverts and depths.
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2.4 The Owner shall furnish the services of a soils engineer or other consultant
when such services are deemed necessary by the Architect, including reports, test
borings, test pits, soil bearing values, percolation tests, air and water pollution
tests, ground corrosion and resistivity tests and other necessary operations for
determining subsoil, air and water condtions, with appropriate professional
interpretations thereof.
2*5 The Owner shall furnish structural, mechanical, chemical and other
laboratory tests, inspections and reports as required by law or the Contract
Documents.
2.6 The Owner shall furnish such legal, accounting, and insurance
counseling services as may be necessary for the Project, and such auditing
services as he may require to ascertain how or for what purposes the Contractor
has used the moneys paid to him under the Construction Contract.
2.7 The services, information, surveys and reports required by Paragraphs
2.3 through 2.6 inclusive shall be furnished at the Owner's expense, and the
Architect shall be entitled to rely upon the accuracy and completeness thereof.
2.8 If the Owner observes or otherwise becomes aware of any fault or defect
fn the Project or non-con formance with the Contract Documents, he shall give
prompt written notice thereof to the Architect.
2.9 The Owner shall furnish information required of him as expeditiously
as necessary for the orderly progress of the Work.
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ARTICLE 3
CONSTRUCTION COST
3.1 The Construction Cost to be used as the basis for determining the
Architect's Basic Compensation shall be the total cost or estimated cost to
the Owner of all Work designed or specified by the Architect, which shall
be determined as follows, with precedence in the order listed:
3.1.1 For completed construction, the total cost of all such Work;
3.1.2 For Work not constructed, (I) the lowest bona fide bid received from
a qualified bidder for any or all of such Work, or (Z if the Work is not bid,
the bona fide negotiated proposal submitted for any or all of such Work; or
3.1.3 For Work for which no such bid or proposal is received, (I) the latest
Detailed Estimate of Construction Cost if one is available, or (2N the latest
Statement of Probable Construction Cost.
3.2 Construction Cost does not include the compensation of the Architect
and consultants, the cost of the land, rights-of-way, or other costs which are
the responsibility of the Owner as provided in Paragraphs 2.3 through 2.6
inclusive.
3.3 Labor furnished by the Owner for the Project shall be included in the
Construction Cost at current market rates including a reasonable allowance for
overhead and profit. Materials and equipment furnished by the Owner shall be
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included at current market prices, except that used materials and equipment
shall be included as if purchased new for the Project.
3.4 Statements of Probable Construction Cost and Detailed Cost Estimates
prepared by the Architect represent his best judgment as a design professional
familiar with the construction industry. It is recognized, however, that neither
the Architect nor the Owner has any control over the cost of labor, materials or
equipment, over the contractors1 methods of determining bid prices, or over com
petitive bidding or market conditions. Accordingly, the Architect cannot and
does not guarantee that bids will not vary from any Statement of Probable Con
struction Cost or other cost estimate prepared by him,
3.5 When a fixed limft of Construction Cost is established as a condition of
this Agreement, ft shall include a bidding contingency of ten percent unless another
amount is agreed upon in writing. When such a fixed limit is established, the
Architect shall be permitted to determine what materials, equipment, component
systems and types of construction are to be included in the Contract Documents,
and to make reasonable adjustments in the scope of the Project to bring it within
the fixed limit. The Architect may also include in the Contract Documents alter
nate bids to adjust the Construction Cost to the fixed limit.
3.5.1 If the lowest bona fide bid or negotiated proposal, the Detailed Cost
Estimate or the Statment of Probable Construction Cost exceeds such fixed limit
of Construction Cost (including the bidding contingency^ established as a
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condition of this Agreement, the Owner shall (P give written approval of an
increase in such fixed limit, (2^ authorize rebidding the Project within a reason
able frime, or (3^ cooperate in revising the Project scope and quality as required
to reduce the Probable Construction Cost. In the case of (3N the Architect, with
out additional charge, shall modify the Drawings and Specifications as necessary
to bring the Construction Cost within the fixed limit. The providing of such
service shall be the limit of the Architect's responsibility in this regard, and
having done so, the Architect shall be entitled to compensation in accordance
with this Agreement.
ARTICLE 4
DIRECT PERSONNEL EXPENSE
4.1 Direct Personnel Expense of employees engaged on the Project by the
Architect includes architects, engineers, designers, job captains, draftsmen,
specification writers and typists, in consultation, research and design, in pro
ducing Drawings, Specifications and other documents pertaining to the Project,
and in services during construction at the site.
4.2 Direct Personnel Expense includes cost of salaries and of mandatory
and customary benefits such as statutory employee benefits, insurance/ sick
leave, holidays and vacations, pensions and similar benefits.
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ARTICLE 5
REIMBURSABLE EXPENSES
5.1 Reimburoble Expenses are in addition to the Compensation for Basic
and Additional Services and include actual expenditures made by the Architect,
his employees, or his professional consultants in the interest of the Project for
the expenses listed in the following Subparagraphs:
5.1.1 Expense of special travel and living when traveling in connection with
the Project and specifically authorized by the Owner. The ordinary expense
involved in travel to and from the site will be paid by the Architect. Long
distance calls and telegrams; and fees paid for securing approval of authorities .
having jurisdiction over the Project, will be paid by the Owner.
5.1.2 Expense of reproductions will be as follows: the Architect will provide
the Owner with duplicate sets of prints of all stages, as described in Paragraph
6.1.2, and will provide 15 sets of Contract Documents Drawings, and 30 sets
of Specifications. The cost of additional Contract Documents requested by the
Owner will be reimbursed to the Architect by the Owner, at the actual cost of
the reproduction to the Architect.
5.1.3 If authorized in advance by the Owner, expense of overtime work
requiring higher than regular rates and expense of renderings or models for
the Owner's use.
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5.) .4 Expense of computer time when used in connection with Additional
Services.
ARTICLE 6
PAYMENTS TO THE ARCHITECT
6.1 Payments on account of the Architect's Basic Services shall be made
as follows:
6.1.1 An initial payment a? set forth in Paragraph I la (Page 1) is the minimum
payment under this Agreement.
6.1.2 Subsequent payments for Basic Services shall be made monthly in
proportion to services performed so that the compensation at the completion
of each Phase shall equal the following percentages of the total Basic Compen
sation:
Schematic Design Phase 15%
Design Development Phase.*, * 35%
Construction Documents Phase. 75%
Bidding or Negotiation Phase. • ♦. 80%
Construction Phase 100%
6.2 Payments for Additional Services of the Architect as defined in
Paragraph 1.3, and for Reimbursable Expenses as defined in Article 5, shall
be made monthly upon presentation of the Architect's statement of services
rendered.
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6.3 No deductions shall be made from the Architect's compensation on
account of penalty, liquidated damages, or other sums withheld from payments
to contractors.
6.4 If the Project is suspended for more than three months or abandoned
in whole or in part, the Architect shall be paid his compensation for services
performed prior to receipt of written notice from the Owner of such suspension
or abandonment. If the Project is resumed after being suspended for more than
three months, the Architect's compensation shall be subject to renegotiation.
6.5 Payments due the Architect under this Agreement shall bear interest
at the legal rate commencing sixty days after the date of billing.
ARTICLE 7
ARCHITECT'S ACCOUNTING RECORDS
Records of the Architect's Direct Personnel, Consultant and Reimbursable Expenses
pertaining to the Project, and records of accounts between the Owner and the
Contractor, shall be kept on a generally recognized accounting basis and shall
be available to the Owner or his authorized representative at mutually convenient
times.
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ARTICLE 8
TERMINATION OF AGREEMENT
This Agreement may be terminated by either party upon seven days' written
notice should the other party fail substantially to perform in accordance with
its terms through no fault of the other. In the event of termination due to the
fault of others than the Architect, the Architect shall be paid his compensation
for services performed to termination date, including Reimbursable Expenses
then due and all terminal expenses.
ARTICLE 9
OWNERSHIP OF DOCUMENTS
Drawings and Specifications as instruments of service are and shall remain the
property of the Architect whether the Project for which they are made is executed
or not. They are not to be used by the Owner on other projects or extensions to
this Project except by agreement in writing and with appropriate compensation
to the Architect.
ARTICLE 10
SUCCESSORS AND ASSIGNS
The Owner and the Architect each binds himself, his partners, successors,
assigns and legal representatives to the other party to this Agreement and to
the partners, successors, assigns and legal representatives of such other party
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with respect to all covenants of this Agreement, Neither the Owner nor the
Architect shall assign, sublet or transfer his interest in this Agreement without
the written consent of the other.
ARTICLE U_
ARBITRATION
11J All claims, disputes and other matters in question arising out of, or
relating to, this Agreement or the breach thereof shall be decided by arbitration
in accordance with the Construction Industry Arbitration Rules of the American
Arbitration Association then obtaining unless the parties mutually agree otherwise.
This agreement to arbitrate shall be specifically enforceable under the prevailing
arbitration law,
11.2 Notice of the demand for arbitration shall be filed in writing with the
other party to this Agreement and with the American Arbitration Association.
The demand shall be made within a reasonable time after the claim, dispute or
other matter in question has arisen. In no event shall the demand for arbitration
be made after the date when institution of legal or equitable proceedings based
on such claim, dispute or other matter in question would be barred by the
applicable statute of limitations.
11.3 The award rendered by the arbitrators shall be final, and fudgment may
be entered upon it in accordance with applicable law in any court having
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jurisdiction thereof.
ARTICLE 12
EXTENT OF AGREEMENT
This Agreement represents the entire and integrated agreement between the
Owner and the Architect and supersedes all prior negotiations, representations
or agreements, either written or oral. This Agreement may be amended only
by written instrument signed by both Owner and Architect.
ARTICLE 13
GOVERNING LAW
Unless otherwise specified, this Agreement shall be governed by the law of the
principal place of business of the Architect.
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OWNER
STEPHEN F. AUSTIN STATE UNIVERSITY
Chairman Board of Regents
Stephen F. Austin State University
Attested by:
C. G. Haas, Secreta ry
ARCHITECT
WILSON, MORRIS, CRAIN & ANDERSON
\x\ E. Bertini, Partner
Attested by:
Vir^fnia Coogan, Notary Publfc
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72-103
Upon motion of Regent Tanner, seconded by Regent Todd, with all Regents
voting aye, it was ordered that the University be authorized to purchase
additional furniture for the Austin Building from Suniland Furniture
Company for a total value of $13,670.87.
72-104
Upon motion of Regent Gray, seconded by Regent Todd, with all Regents
voting aye, it was ordered that Thompson Insurance Company be designated
the insurance agent for the University for three years beginning August
18, 1972.
72-105
Upon motion of Regent Gray, seconded by Regent Perkins, with all Regents
voting aye, it was ordered that the final drawings and specifications on
the improvements of the lake adjacent to the stadium be approved and the
University be authorized to obtain bids.
72-106
Upon motion of Regent Thomas, seconded by Regent Todd, with all Regents
voting aye, it was ordered that Dormitory 19 be named in honor of William
Fletcher Garner, Sr.
72-107
Upon motion of Regent Bergman, seconded by Regent Perkins, with all Regents
voting aye, it was ordered that the campus street extending from East
College Street to Starr Street be named in honor of Paul Wilson.
72-108
Upon motion of Regent Perkins, seconded by Regent Tanner, with all Regents
voting aye, it was ordered that matching funds up to $18,677 be appropriated
from Auxiliary Enterprises operations to the National Defense Education
Act Student Loan Fund for the year 1972-73,
72-109
Upon motion of Regent Perkins, seconded by Regent Maness, with all Regents
voting aye, it was ordered that the following tuition and fee charges be
made for courses offered by extension:
3 Semester-hour course $50.00
Extension service fee 28.00
$78.00
Second Course $20.00 Extension Service Fee
Course added on to campus course $20.00 Extension Service Fee
72-110
Upon motion of Regent Perkins, seconded by Regent Tanner, with all Regents
voting aye, it was ordered that instructors of off-campus courses be
compensated as follows:
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(a) For an off-campus course in addition to a full on-canrous
assignment — $800 plus regular travel allowances P
(b) For an off-campus course as part of a regular teaching
load - regular travel allowance plus
One way distance
50 miles
51 -75 miles
76 -100 miles
101 - miles
Salary
$160.00
200.00
250.00
300.00
72-111
Upon motion of Regent Maness, seconded by Regent Bergman with all Re^nt*
COURSES ADDED: (Curriculum Committee)
Department and Number Title
Bible 120
Bible 220
Bible 320
Biology 121
Biology 123
Biology 476
Chemistry 476
Geology 245
-Geology 443
Geology 476
History 309
History 310
History 311
^History 412
Home Economics 443
Mathematics 476
Modern Languages 131
Modern Languages 132
Music 130
Physics 476
Psychology 230
Psychology 290
Psychology 361
^Psychology 495
Comparative Religion
Comparative Christianity
Contemporary Religious Issues
Concepts of Biology
Man and the Environment
Special Problems
Special Problems
Earth Materials
Optical Mineralogy and Petrography
Special Problems
Studies in American Economic
Development
Ideas and Institutions in America
The Development of European Institutions
Studies in Modern European History
Practicum in Child Development-Family
Living
Special Problems
Elementary Latin
Elementary Latin
Keyboard Ensemble
Special Problems
Experimental Methods in Psychology
Experimental Social Psychology
Principles of Behavior Modification
Psychopathology
Hours
Credit
3
3
3
4
4
3
3
3
3
2
3
3
3
3
6
3
3
3
1
3
3
3
3
3
* Submitted for Graduate Credit
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65
COURSES TO BE REVISED; (Curriculum Committee)
and No, Title and Credit
History 315
History 317
New
No. New Title and Credit
The Negro in America (3) 315 The Afro-American (3]
Social and Intellectual History
of the Black American (3) 317 Minority Groups in
America (3)
Philosophy 402H
Psychology 360
Psychology 375
Liberal Arts Colloquium
VIII (1)
Human Learning (3)
Abnormal Psychology and
Mental Hygiene (3)
402H Liberal Arts Honors
Project (1)
360 Basics in Animal
Learning and
Conditioning (3)
275 Abnormal Psychology
(3)
COURSES TO BE DELETED: (Curriculum Committee)
Department and Number
Modern Languages 121
Modern Languages 122
Modern Languages 123
Title and Credit
Elementary French (1)
Elementary French (1)
Elementary French (2)
COURSES ADDED! (Graduate Council)
Department and Number
Agriculture 505
Agriculture 513
Agriculture 515
Biology 576
Home Economics 442
Modern Languages 575
Modern Languages 576
Title
Advanced Farm Management
Ornamental Plant Propagation
Technical-Occupational Experience
Programs
Advanced Graduate Studies
Administration of Preschool Program
Advanced Graduate Studies in German
Language or Literature
Advanced Graduate Studies in German
Language or Literature
Hours
Credit
3
3
3
3
3
3
3
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66
COURSES TO BE REVISED: (Graduate Council)
New
Department ano^NcK Title and Credit No. New Title and Credit
Physics 511 Nuclear Physics (3) 511 Nuclear Physics (4)
Physics 531 Classical Mechanics (3) 531 Classical Mechanics^
Physics 532 Electromagnetic Waves (3) 532 Electromagnetic
Waves (4)
Physics 533 Theoretical Physics (3) 533 Theoretical Physics (
Physics 551 Advanced Quantum Mechanics (3) 551 Advanced Quantum
Mechanics (4)
COURSES TO BE DELETED: (Graduate Council)
Department and Number Title and Credit
Agriculture 507 Advanced Soils (3)
Agriculture 509 Chemistry of Fertilizers (3)
Chairman McGee appointed Regent Tanner to the Stadium Committee.
The next meeting was set for some date in October, 1972, to be announced.
There being no further business, the meeting adjourned at 2:00 p.m.
C. G. Haas
Secretary
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